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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We had a contract with a supermarket yard signed

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Hi. We had a contract with a supermarket for a yard signed through property agent. After all kinds of problems and 5 months later turned out the yard wasn't theirs and we got kicked off by rightful lease holder. The supermarket blamed agency for everything and claims as there is no their signature on the contract so no their liability. As I understand they were a disclosed principal in this relationship and indeed have liability. Also, there was crime committed: breaking and entering, trespassing, fraud, fraudulent misrepresentation, conspiracy to defraud. What is the best way to approach this?
Thank you for your time
Eugene
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What have you lost please?
Customer: replied 1 year ago.
there was a clearance that had to be done for site to be usable, £9000, we had to buy machinery at much higher value £36000 opposed to £10000 when we just started the project, everything that was invested in the project like rent that was investment and quite a few other things
Customer: replied 1 year ago.
it's a complicated story to explain in a few sentences. To make it easier would I be correct to presume that they are liable for all the investment made, losses of earnings, but over what period? The main thing, agents signed the contract on supermarkets behalf but being the disclosed principal are they contracted and liable to us/third party?
Expert:  Ash replied 1 year ago.
Have they paid any rent?
Customer: replied 1 year ago.
we paid them rent
Customer: replied 1 year ago.
I understand you must be busy but why did you offer to communicate if you are not interested?
Customer: replied 1 year ago.
I hope you treat other people better
Customer: replied 1 year ago.
If you are not interested could you get me back to choosing an expert.
Expert:  Ash replied 1 year ago.
I am on the train so the signal is intermittent. Did you pay rent direct to the supermarket? What is the cost of getting somewhere else etc?
Customer: replied 1 year ago.
Are you available tomorrow in the morning, it's too late, I'm way too tired
Expert:  Ash replied 1 year ago.
Yes, please come back to me then. I will be available from 10am
Alex
Customer: replied 1 year ago.
Good morning, are you available?
Expert:  Ash replied 1 year ago.
I am ok. I asked: Did you pay rent direct to the supermarket? What is the cost of getting somewhere else etc?
Customer: replied 1 year ago.
no rent was paid to the agency, we did not relocated anywhere alternative as there were no other suitable locations available at that time and honestly just couldn't efford
Expert:  Ash replied 1 year ago.
Did the agency pay the supermarket?
Customer: replied 1 year ago.
correct
Expert:  Ash replied 1 year ago.
Did they know it wasnt their land?
Customer: replied 1 year ago.
it clearly wasn't their's, guess the person who had to do their job did not do it properly. Supermarket manager said that 3 departments had to ok, only 2 did: concessions and health and safety but not the property, though as the contract was signed, supermarket took the payment
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund 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. Set out all your losses.
If they do not refund 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.
yes, the lawyers from the supermarket sent a letter saying as there is no signature of their company on the contract they are not liable and all my problems should be forwarded to the agency. But am I right to understand that supermarket was a disclosed principal in this situation and our contract with the agency is as good as a contract with the supermarket
Expert:  Ash replied 1 year ago.
Yes and if they received the payment this indicates they must accept some responaibility.
Alex
Customer: replied 1 year ago.
could you have a look at this
Customer: replied 1 year ago.
http://uklawstudent.thomsonreuters.com/wp-content/uploads/2014/04/Rights-Liabilities-Commercial.pdf
Expert:  Ash replied 1 year ago.
Yes. I would always sue both the supermarket and agency as joint defendants.
Alex
Customer: replied 1 year ago.
sure, makes sense. Was there crime here. They cut off the lock, breaking and entering, trespass, fraud, conspiracy to defraud?
Expert:  Ash replied 1 year ago.
Potentially but the Police will consider this to be a civil matter rather than criminal.
Alex
Customer: replied 1 year ago.
managing director from the agency lied in her email before everyone found out that lease was not theirs saying that before the contact was signed it was discussed as scrubland and apparently discussed that works that needed doing, which was a lie and as they had no right to sign the contract...
Expert:  Ash replied 1 year ago.
As I said potentially and you can complain to the Police, but whether they do anything is another matter.
Alex
Customer: replied 1 year ago.
in relation to claiming for losses. we were in contract with them for 5 months, can we call losses everything that we invested into business including rent, plant hire, wages?
Expert:  Ash replied 1 year ago.
Yes if it was breach of contract by false representation.
Alex
Customer: replied 1 year ago.
also, on Thursday 15 October we discussed new terms of contract and agreed to sign it on 19 October, the information about the ownership came out on Friday 16 October, however on 19 October the Managing Director still sent me email offering to sign the contract. can losses of potential earnings for that year be claimed?
Expert:  Ash replied 1 year ago.
You can try, but the issue is if the Court considers this are not recoverable you are at risk of costs from that point.
Alex
Customer: replied 1 year ago.
thanks, ***** ***** thing, that link that I sent, did you have a look, it seems from a legit educational source so information saying that the contract between agent and third party is as good as contract with disclosed principal can be taken as true?
Expert:  Ash replied 1 year ago.
Yes but bearing in mind its only a student document and the law can change. So its interesting reading, but I agree with the proposition.
Alex
Customer: replied 1 year ago.
actually, one last question, apart of investments, losses there is compensation, how is that derived?
Expert:  Ash replied 1 year ago.
You need to paricularise and evidence any losses, its up to you to prove it.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
get cha. thanks a lot.n have a nice rest of weekend

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