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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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If you are running a provider service and you are contracted

Resolved Question:

if you are running a provider service and you are contracted to a supplier to provide you with software maintenance and one of your clients says he does not want to pay you for an increase in your fee but wants to pay the increase direct to the software maintenance supplier from their own bank account is that allowable ?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Ronnie, my name is ***** ***** I am a solicitor and I am happy to help you today. Why do they want to do this, have they said?
Customer: replied 1 year ago.
THEY THINK THEY ARE HELPING ME BY ME NOT HAVING TO PAY THE INCREASE FROM MY BANK ACCOUNT BUT I DO NOT WANT TO DO THIS AS I THINK IT IS WRONG
Expert:  Jenny replied 1 year ago.
Do you lose out financially if they do this?
Customer: replied 1 year ago.
NO BUT I AM CONTRACTED TO THE SOFTWARE MAINTENANCE SUPPLIER AND IF I GO FOR THIS UPGRADE WITH THEM THEY WILL ADD THE ADDITIONAL SOFTWARE FEE TO MY CONTRACT AND I AM HAPPY WITH THAT
Expert:  Jenny replied 1 year ago.
ok so if they were to pay the software maintenance supplier directly would you still be providing a service to them?
Customer: replied 1 year ago.
NO I DO NOT THINK SO BECAUSE I THINK IT IS WRONG WHAT THEY ARE SUGGESTING
Expert:  Jenny replied 1 year ago.
Ok I get that, over what period are you contracted with them to provide this service?
Customer: replied 1 year ago.
IT IS A ROLLING CONTRACT AND I HAVE TOLD THEM THAT MY REQUIRED FEE INCREASE WHICH IS EXACTLY THE SAME AS WHAT THEY WOULD HAVE TO PAY IF IT CAME DIRECT FROM THEIR BANK ACCOUNT AND I NEED TO GIVE A MAXIMUM OF THREE MONTHS NOTICE IF I WISH TO TERMINATE THEIR CONTRACT
Expert:  Jenny replied 1 year ago.
Ok well if it is a term of the contract that you should be paid and it should not be paid direct then they are in breach of contract if you are not paid direct. You will be able to claim damages in breach of contract if you suffer a financial loss as a result of this.
Customer: replied 1 year ago.
I HAVE GIVEN THEM THE OPTION TO PAY THE INCREASE TO ME AND i AM ONLY PROPOSING AN INCREASE TO COVER THE SOFTWARE INCREASE OR THEY CAN FIND SOMEONE ELSE TO DO THE WORK AND THEY HAVE NOT COME BACK TO ME YET
Customer: replied 1 year ago.
IT DOES SAY THAT IN MY CONTRACT WITH THE CLIENT
Expert:  Jenny replied 1 year ago.
ok well if they refuse to pay the increase and it is part of the the contract then they will be in breach of contract if they fail to pay the increase. If they refuse you need to write them a letter before action giving them 14 days to resolve it otherwise you will issue a claim in the country court to recover your losses. If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
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