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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We emailed terms of business to an individual who is a director of two companies.

Resolved Question:

Hi
We emailed terms of business to an individual who is a director of two companies.
As a director of both companies can he accept actual knowledge of our terms for one business but deny he has actual knowledge for the other because we didn't send the terms to both company email addresses?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Was he acting for both companies at the same time please?Alex
Customer: replied 1 year ago.
He called us about Company A and advised us that he was also a director and shareholder of Company B. He asked us to supply staff, we sent details of our service and attached terms.
A month later, he asked us to supply staff to Company B on the same rates while we still supplying A
Customer: replied 1 year ago.
He is now saying that because we did not send terms to his email address at Company B he doesn't have to pay - a contract was made on the email.
Expert:  Ash replied 1 year ago.
He was certainly aware of the terms via A though, and asked foe the same rates for B as A?
Customer: replied 1 year ago.
Yes he did - so being he cannot deny being "aware" for company B?
Customer: replied 1 year ago.
My understanding was that because he was aware (had reasonable notice of existence etc) it was incorporated in the contract
Expert:  Ash replied 1 year ago.
Ok - then because he was aware and indeed even invited you to provide services for B on the same rate as A, he is certainly on notice.As such he can't use this to get out of paying. You need to write and set out your losses and request payment 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.If they do not pay 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?Alex
Customer: replied 1 year ago.
Thank you.Have already done that, he just said he got legal advice that I was wrong so I wanted to double check my understanding. Thank you for all the information you've included.
Will come back again :)
Expert:  Ash replied 1 year ago.
Sure. Good luck
Expert:  Ash replied 1 year ago.
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