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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I was trading as a sole trader do any contracts I had with

Resolved Question:

if I was trading as a sole trader do any contracts I had with ocms (google type services) carry over to the new limited company I am of the understanding that the limited company is legally a new entity they are saying I had a verbal contract with them so I cant cancel
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.
ocms rang a year ago to "discuss their services" Mark my manager spoke to them it then appeared that I had entered into a verbal contract with them that couldn't be cancelled then in march I received a renewal I emailed them back to say that ***** ***** ta Spektrum interiors was no longer trading & that Spektrum interiors limited was a new legal entity they say that the contract was with me as a person so I still have to pay it they are now threatening court action. when Mark spoke to them on the phone they were quite aggressive in their manner & spoke over him when he asked them to shut up so he could speak they hung up on him. I have looked online at reviews for them & it would seem that they operate this way & are under investigation for their practices,
Expert:  Ash replied 1 year ago.
Ok - did you ever get terms and conditions?
Customer: replied 1 year ago.
we got the terms & conditions with the invoice
Expert:  Ash replied 1 year ago.
Does it say that the contract can be assigned? I assume invoice from first company?
Customer: replied 1 year ago.
the terms & conditions say that the account may be registered as a debt of the company or customer if you are a sole trader, the invoice was for the first company
Expert:  Ash replied 1 year ago.
Ok - they cant chase the debt. You have no contract with the second company. Therefore unless it was agreed or contracted that the first company could assign the contract/debt then they cant .So you dont need to pay it - it was not agreed that it could be assigned.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you so much for your help this confirms that the email that I sent them saying that was no longer trading as a sole trader & that contract did not stand with the limited company.
Expert:  Ash replied 1 year ago.
Indeed. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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