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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a contract be cancelled by someone who didnt sign it supposedly

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can a contract be cancelled by someone who didnt sign it supposedly acting on behalf of someone who did? and by email? we have had a cancellation through a 3rd party which leaves us a few thousand pounds out of pocket on the original contract which the 3rd party was not a signatory to.....we have heard nothing from the original people who signed the contract 18 months ago
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
we had a couple book a wedding with our venue. we sent them their final bill 1 week before the wedding but the bride said her father cancelled the wedding 2 months ago.....by email. he was not a signatory on the contract. we will not find someone else at 1 weeks notice to fill this date and are a few thousand pounds out of pocket, does the bride and groom still have to pay as we had NO formal cancellation from them
Expert:  Ash replied 1 year ago.
Only the person named on the contract can cancel - NO-ONE else.You need to write and set out your losses and request a 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.
we found the fathers email in our spam folder.....will this make any difference? we have heard nothing from the bride or groom to date, I just want to make sure before I take this any further. thanks
Expert:  Ash replied 1 year ago.
No - he cant cancel. Only those who are parties to the contract can cancelDoes that clarify?Alex
Customer: replied 1 year ago.
yes thank you. the brides argument is that her dad sent the email and all the rooms booked for the wedding were cancelled by guests...(none of whom said the wedding was cancelled) so we should have known...my argument is that neither she nor the groom cancelled and they could have made alternative arrangements for the rooms or accommodation, we have refunded the room charges as per our room cancellation policy
Expert:  Ash replied 1 year ago.
You dont know that but in any event it makes no difference.Does that clarify?Alex
Customer: replied 1 year ago.
so we can sue for loss of profits for the day? will that include average bar takings we would have had plus all the rooms that were booked? and food and drink as per the contract?
Expert:  Ash replied 1 year ago.
You can claim for the loss of the payment for the day, unless the contract allows you to sue for lost profit. You can claim for the rooms, food and drink as per the contract. But I dont think you can sue for lost average bar takings unless that is allowed for in the contract.Does that clarify?Alex
Customer: replied 1 year ago.
the contract says 1 week cancellation 100% of the final bill is due....I guess this won't cover the rooms but everything that is on the final bill?
Expert:  Ash replied 1 year ago.
Yes. That is all. Does that help? Alex
Customer: replied 1 year ago.
yes thanks for your help
Expert:  Ash replied 1 year ago.
Happy to help. If I could ask you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Good luck and enjoy the rest of the weekend. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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