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Jenny
Jenny, Solicitor
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I sold part of a milk delivery business to an individual

Resolved Question:

Hi. I sold part of a milk delivery business to an individual back in August 2015. The business had not been working out for me so I sold a small proportion of the customers to another milkman who paid me with no issues. The remainder of the 'round' had 250 customers left. I was approached by an individual who text me and said they were interested in taking on the rest of my customer base. We agreed a price of £3000.00 verbally but he said that he could not pay me right away as he wanted to get the business moving and would pay me in a few weeks, when he started making money from the round. I agreed to this and helped him get going. I want to point out that this was a verbal agreement, we did not have anything in writing. In essence, I 'sold him' my customer details, as I emailed him all my customer details / lists. I worked with him for a few days as a 'hand over'. However, despite many phone calls and texts to him since August I have not received a penny. I do have screenshots of texts from him when I asked him if he could make a payment for the round and he kept saying 'not currently' or 'the money was tied up in the round'. In November 2015, after no contact from him for 6 weeks I decided to write him a letter, recorded delivery, formally requesting the money. However, he did not respond. I then instructed a debt collection agency to send him a LBA, again he did not respond to that. I have now sent him a final letter requesting that he would agree to a 'mediation meeting' with a mediator, however I am very doubtful I am going to get a response. I have tried everything to keep this from going into a small claims court but feel I have no other option. My question is, given what I have said, do you think I have a case for a small claim? I have followed steps to try and resolve the matter with him out of court but he will not ever respond. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. If he agreed verbally to pay you £3000 for this and you have evidence by way of screenshots that this was what was agreed the it is my view that he is in breach of contract by failing to pay you and you have every right to proceed to the small claims court with the matter. The fact that there is no written agreement makes no difference to the position that he is breach of contract for failing to pay you the sum. I would send him a further 'letter before action' saying that if you are not paid in full in 7 days you will proceed to the County Court. You can then lodge a claim online at www.moneyclaim.gov.uk if he fails to pay. All the best with this. If you have any further questions please do 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.
Hi Jenny and thanks for the response.One final thing I would like to ask is that although I have some screenshots, (a) of him stating he wanted to take over the 'round' and (b) a few from me asking him if he could make a payment for the round and his response of 'not currently' and 'all the money is tied up in the round I can when I get some bills out ' there is nothing stating £3000.00. However, in all the correspondence I have sent him via post it has always stated £3000.00. Surely if he wanted to dispute that amount he would contact me but he has not. I just want to make sure that I have sufficient evidence before sending it to court, not to waste my time or the Judge's time. Would this be an issue? Thanks
Expert:  Jenny replied 1 year ago.
A verbal contract would hold up in court even without any written evidence. If he does dispute the amount in court the judge would listen to both version of events. You can point out that he has not disputed the amount and I would imagine that would act in your favour as he has had the opportunity to do so if he did disagree it. Please do let me know if there is anything else you would like to know ? If I have answered your question please remember to rate my answer before leaving the site as I am not otherwise paid by Just Answer for answering your question. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello Dylan is there anything further you would like to know?
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
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the advice. I will now rate

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