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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Advisor, We had an NCND agreement with a company and

Customer Question

Dear Advisor,
We had an NCND agreement with a company and they sent us a mail disolving our associatoin with them. At the same time the first party cc'd the same document to a third party company that we have also been doing business with and of which we had introduced to the first party. We do a great deal of business with the third party and they have a great influence on our future business. As the document of disolvation was sent at the same to us, we can assume we did not neccesaryly know that our association with the first party had ceased before the second party knew. Therefore we believe the first party is in breach of our agreement. Although we had agreed that the first party could engage in some work between themselves, the actual letter of disolvation dealt with other matters and not related to our normal business procedures. The disolvation letter contained information which we would judge as very sensitive in nature and could be easily considered malicious in content and against our company's interest. After receiving the disolvation letter, we wrote to the first party and asked them to refrain emailing the third party with any information regarding our company and they have ignored this request and even CC'd to us some emails that were sent to the third party, that we consider detrimental to our business to a great deal extent that we only consider as trying to place themselves in a better light with the third party. This is a major concern to our company and it appears that will not stop their bispechment of our company. They even copied our mails that we had sent to the first party and sent them to the third party. We are in serious trouble and by the time we can resolve this with a solicitor, we need some advice please.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I assume you want to stop them trading with your customer? The agreement you have prevents this, is that right?
Customer: replied 1 year ago.

No, we wish them to stop bisperching our name.

We also wish to take action against them for doing so.



Expert:  Ash replied 1 year ago.
Ok. You need to get a Solicitor to write and ask them to stop or say that you will take defamation proceedings. If they refuse then you can issue a claim using form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You must issue it in the High Court. The court will send the claim form to the other side and they may be given a limited time to defend. If not you can enter Judgment and enforce it. If the matter is defended then you will need a Solicitor to represent you at trial.
You can claim for any damages done and defamation.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Dear Advisor,

Thank you for your help.

Regards

David XXX

Expert:  Ash replied 1 year ago.
Happy to help David.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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