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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am newsagent who only does home delivery of newspapers.

Resolved Question:

Hi, I am newsagent who only does home delivery of newspapers. A supplier I use limits me on the amount of unsold newspapers I can return which I don't have any problem with. The problem is they increase my supply figures without any request from then when I return these for credit I am refused for going over my returns limit. They have emailed me claiming this is how there system works.
Many thanks
Shaun Dade
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you have any written contract with your supplier?
Customer: replied 1 year ago.
Don't think so but I would have to look back through my paper work as they have been supplying me for 17 years
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** have they changed the supply figures?
Customer: replied 1 year ago.
It can vary, last week it was just Saturday and by 4 copies. But on Thursday 15th October it was as high as 30 copies of which gave me a return figure of 41 and only 15 were credited for. Despite an email pointing this out which they replied the 30 copies were full sale or return
Expert:  Jenny replied 1 year ago.
So who sets the numbers normally is it you as the purchaser or them as the supplier?
Customer: replied 1 year ago.
Me as a purchaser, I have a standing order type arrangement with fixed amounts of what I require daily. I can phone or email too alter what I require for when customers go away on holiday and return
Expert:  Jenny replied 1 year ago.
Well in that case if the supplier has sent you too many copies then it is their problem not yours. You should be refunded and they are in breach of contract if they fail to do so.
Expert:  Jenny replied 1 year ago.
It is my view that it is a try on that they are suggesting otherwise.
Expert:  Jenny replied 1 year ago.
You should send them an email to ask them for a full refund. If they refuse you should say you have taken legal advice and that you have been told there is no contractual basis for them to suggest otherwise. Hopefully they will then rethink their position. If not you will be able to bring a small claim to recover your losses. If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Many thanks Jenny for your advice it has been very helpful. I feel alot better for speaking to someone about itMany Thank
Shaun Dade
Expert:  Jenny replied 1 year ago.
No problem, I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for my time. Do come back to me in the future if you need to!
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