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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is a verbal contract binding in the uk. I am a wedding

Customer Question

is a verbal contract binding in the uk. I am a wedding vehicle provider and an individual who has agreed to provide his cars and service has decided to cancel all the bookings I have given him. This has left me with additional costs for hiring similar vehicles from other suppliers, as well as affecting the reputation and credibility of my company the has taken years to achieve. Where do I stand?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The supplier in question has been given detailed booking form and verbally agreed to do the work. Email trails and texts available.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Had the contract started please?Alex
Customer: replied 1 year ago.
In the respect that he was aware of the weddings planned for him yes, and he accepted the booking forms that I sent to him. They are all future bookings.
Expert:  Ash replied 1 year ago.
Thanks. Do you have any terms and conditions attached to those forms?
Customer: replied 1 year ago.
No not for him - see copy of form attached. This is why I asked about a verbal agreement being binding.
Expert:  Ash replied 1 year ago.
Ok - then you can sue for breach of contract but only the difference between what it WOULD have cost you and what it HAS cost you. Its just that difference. You need to write and set out your losses and request a refund 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 refund 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.
That's very helpful Alex - Is there no other compensation with respect to out of pocket expenses related to this? For instance I have been able to source the exact same Vintage Rolls from another provider, but because the wedding is outside his normal area I will have to pay for a trailer to get it there. Also, I can source other vehicles but they will also cost more. Can I claim for these expenses, and what about the potential damage to our reputation and credibility?
Customer: replied 1 year ago.
Also, What if after all my efforts in trying to find an exact replacement vehicle for their wedding I cant do so. In those circumstances I have no choice but to offer them an alternative. If the customer rejects my offer and I have to pay their deposit back (which is my commission). can I claim this? as it is due to the suppliers actions that this has occurred.
Expert:  Ash replied 1 year ago.
Correct you can claim for any other direct expenses. If you cant do those weddings then you can only claim for LOSS OF PROFIT.Does that clarify?Alex
Customer: replied 1 year ago.
it does Alex. Can I claim for this advice?
Expert:  Ash replied 1 year ago.
You can. Does that help? Alex
Customer: replied 1 year ago.
Hi Alex - I have just realised that when this supplier was paid the money went into his wife's account, which would suggest that they were in some kind of partnership. I don't know this for sure, but should I put both names on the claim? Is there anyway that I can find out if they are in partnership? I am pretty sure its not a limited company.
Expert:  Ash replied 1 year ago.
Ok - then you can claim from both of them if it was a partnership. 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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Customer: replied 1 year ago.
This is related to my previous question, I gave the rating as requested but does that then stop me from asking other questions about the same issue. How can I find out if it is a partnership? If it is not a partnership and I make the claim in both names would that invalidate the claim? Should I just do two separate claims for the same amounts?
Expert:  Ash replied 1 year ago.
Partnership is not a public matter, there is no national list. You can put the Company as first defendant and partnership as second defendant. Alex
Customer: replied 1 year ago.
It's not a company as far as I am aware, it would be the husband as a sole trader or husband and wife as a partnership.If I put them both as defendants and they are not a partnership will it be a legitimate claim? Should I do two separate claims, one for each?
Expert:  Ash replied 1 year ago.
you can put both one one claim. Alex