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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I used to run a leaflet delivery company as a limited company.

Customer Question

I used to run a leaflet delivery company as a limited company. A company paid me to carry out a delivery. They postponed delivery twice at the last minute which I agreed to even though it caused me a lot of hassle. The third (third week in a row) time they asked me to do the delivery approx one third of the leaflets were delivered and they postponed again, this time during the delivery with an uncertain time of when I could restart. Unfortunately I didn't have any cancellation terms.
Four months later they still weren't ready for the delivery and I had to close the company due to illness and unable to afford to run it. I would have been able to afford it if I could work properly and wasn't ill. If they were ready to have the delivery done it would have got done whether by myself, family or one of the distributors who worked for me.
This was part of a franchise and I had to pay to be released from the agreement. The company had no funds so I had to pay on my credit card. I had no choice but to pay as I needed to stop immediately because of my illness. I have since found out I shouldn't have paid because the company had no funds.
They think I should have to refund them for all undelivered leaflets even though the company had no funds. They say that it doesn't matter that the company has no money because I paid to be released from the franchise from personal funds that I am now liable personally to refund them.
This has been to court and they won. They claimed they didn't ask us to deliver leaflets the third time. Before the hearing there was no reason to believe this was in dispute. The dispute was if they should be refunded or not and how much. I offered to pay refund them for 60% of the undelivered leaflets before any court proceedings took place.
After the hearing I found a piece of evidence that to me proves they did ask for the deliveries to start the third time. It was an email to them: 'Thank you for calling earlier about your delivery.
I have made a number of calls and have been able to allocate approx 7,000 leaflets to be delivered by Friday this week.'
Please help.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
I also wondered if they are in contempt of court for denying they asked me to do the delivery when it's clear they did.
Expert:  Ash replied 11 months ago.
Hello my name Alex and I will help you.How much are they asking for please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Alex. My number is ***** I look forward to speaking with you.
Toby
Customer: replied 11 months ago.
Extract from the transcript from court - the reason they won:
'Firstly (and it is right to say these parties did not do everything by e-mail, they did do some things by telephone) there is no e-mail (or no email before me, at least) that refers to an instruction to start delivering them, nor is there an e-mail referring to an instruction to cancel the deliveries, contrary to the Defendant’s case that such instruction and cancellation were given on the 19th or 20th December. Nor is there any e-mail relating directly or obviously to deliveries being made on those dates. Mr Heaney’s evidence is that he is quite sure that he did not instruct the Defendant company to start delivering his leaflets.
The Defendant’s evidence from both Mr Nobles, Mr Dennis Noble and Mr Toby Noble, is not that they can be sure or remember specifically the instruction to start re-delivering or, indeed, the instruction to cancel again, but rather that surely they must have been instructed to re-deliver or else they would not have started doing it.'It's frustrating that this isn't entirely accurate. We knew exactly when and how the instruction to deliver was. During a break I found the email of 16 Dec on my phone and asked the judge if she would look at it. She refused.
In court we were put at an unfair disadvantage. We weren't prepared for the fact that they lied about us delivering leaflets when we shouldn't have. The case was about how many had been delivered and how many they should pay for i.e. the number delivered or the number delivered plus pay a cost towards the work put in setting up rounds, distributors and cancelling three times. This was the dispute.
As soon as it changed to we weren't supposed to deliver, I knew exactly how I could prove it but wasn't given a chance. I have lots written of evidence to back up the fact that I changed around other leaflets that distributors already had in order to do the one they asked me to start for the third time.
Expert:  Ash replied 11 months ago.
When are you free to talk?
Customer: replied 11 months ago.
How is tomorrow any time from 4pm?
Expert:  Ash replied 11 months ago.
Ok - you may need to remind me.Alex
Customer: replied 11 months ago.
Hi Alex, I'm available for a call anytime now. I look forward to hearing from you. Toby
Expert:  Ash replied 11 months ago.
I tried and it says calls are not currently being connected?Alex
Customer: replied 11 months ago.
Hi Alex I've just called my phone from another one and its working fine. Please could you try again?
Regards
Toby
Expert:  Ash replied 11 months ago.
Calling now.Alex

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