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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I would be grateful advice. This relates to an

Resolved Question:

I would be grateful for some advice. This relates to an earlier question I asked. (see below)After getting advice from you we went back to the customer and were told that the work may happen in the future and that if we insisted on claiming cancellation charges we would not work for them again (They customer is Tesco PLC). We contacted them over 10 times between March & October to be told there was no update. We finally heard in November that they had actually appointed another contractor who carried out the work in May 2015!We wrote to them (recorded delivery) at the beginning of December and advised that we would be proceeding with our claim and have now heard back. They are adament that the email sent did not form any contract.Tesco's are obviously a huge company and we are not. What do you think our chances are - was the email legally binding?We are a company carrying out the external cleaning of buildings. On 6th March 2015 we issued a quotation to a company to clean their building and on 10th March we received a telephone call from the customer advising that they wished to proceed and this was followed up on the same day with an email from the customer confirming a start date of 6th April 2015.This morning we have received an email advising that they no longer wish to proceed with the works due to internal structual changes within the company.Our terms and conditions were sent with our quote and these state that we reserve the right to charge 25% of the contract value should the contract be cancelled with less than 30 days notice.The customer is stating that an 'official' purchase order was not issued.This is what the email we received states:
' Can you progress with your plans to set up and start on the 6th April.. I have copied in a couple of our team to support from this end. I will ask them to contact you directly should they need further information in advance of you arriving on site. "Many thanksErika
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What would you like to know about this?
Customer: replied 1 year ago.
Hi.I just want a second opinion really.Is the email we received asking us to start the work legally binding? Tesco's (the customer) say it was not an instruction to carry out the work, despite it saying 'please gear up to start on 6th April'. They have left us dangling for months and it now transpires they had the works carried out by another company in May 2015.Many thanksErika
Expert:  Jenny replied 1 year ago.
Hi sorry for the slight delay. This is very clearly an instruction to commence work. You can therefore take action to recover the amount under your terms and conditions. They are trying to make you think you do not have a claim as a tactic. If you have anything further you would like to know please ask. If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise paid for the time I have spent answering your question. Thank you and all the best.
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Customer: replied 1 year ago.
Thank youThat is what we think - as they are a huge company they think they can get away with it.We will proceed with our claim.Thank you for your help.Erika Burnett