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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company move phone providers back in October of last

Resolved Question:

Hi
My company move phone providers back in October of last year. The new provider was meant to buy out our original agreement. For months we have had trouble with getting them to answer emails etc. They have paid only one of the three instalments that they agreed to. And now they are saying that they dont have to pay as they have concerns about our companies financial status. 1.) Its better now than when they entered into a contract with us. 2) We have actually paid over one of the instalments on their behalf but have not had the money from them 3) The original providers legal people are threatening us with legal action if we dont pay the third installment. I have threaten the new phone company with a CCJ because as well as not paying this they have been over charging us £170.00 + vat per month on the contract. Please advise what we can do as I cannot even get them to give us a copy of the contract that they say my previous colleague has signed?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Does the contract say the new company will buy the old one out?
Customer: replied 1 year ago.

The new provider ignores my requested for a copy of the contract, but i have emails where they have agreed the figure and then further emails regarding the payment plan that they havent kept to.

Expert:  Ash replied 1 year ago.
Ok, if it is in writing.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

How do I go about getting a copy of the agreement that they say we have signed.

Expert:  Ash replied 1 year ago.
If you were an individual you would ask for a copy under the Data Protection Act but as a company you would need to apply to the Court for specific disclosure.
Does that help?
Alex
Customer: replied 1 year ago.

Is that the same court that issues the CCJ

Expert:  Ash replied 1 year ago.
Correct
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already 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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