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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I wonder if you can help. I have been in dispute over a

Resolved Question:

I wonder if you can help.
I have been in dispute over a franchise agreement that we didn’t renewal.
The franchisor has withheld monies it was collecting and we have not received a penny for over 11 months since we left the contract as have said we breached the contract.
As 12 months is approaching they all of a sudden seem eager to come to a settlement.
IS THERE SOME TIME FRAME that a dispute must be settled or litigation entered into before under law have to pay out all the monies they are holding?
Kind regards
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello Lee my name is ***** ***** I will help you.

How much is owing please?

Customer: replied 4 months ago.
Amount currently withheld =£60,000
Total amount that will be withheld if they hold on to everything that is received rather than passing it over = £85,000 approx
Expert:  Ash replied 4 months ago.

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: or by completing form N1 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?


Customer: replied 4 months ago.
We have been in communication for some time and know our options with respect to the monies and going to court ect.My main question is
Is there any issue to this situation should no agreement be agreed within 12 months of the end of the franchise agreement.
The reason i am asking this is the other party have been very distant over almost 11 months in getting this sorted and all of a sudden they seem very eager to get some agreement set out before 12 months of the dispute starting.
They were initially going to sue us for breach of contract but have never pursued this as basically there was no evidence as we had done nothing wrong.
It just makes me wonder why the rush now for them to get closure is there some consequence should this not be finalised within 12 months do they loose rights to take us to court or threaten further action for example.
Thanks Lee
Expert:  Ash replied 4 months ago.

They cant keep hold of the money, but there is no law which sets a dispute should be resolved within a particular time.

So you can issue - that is likely to focus to mind.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thanks think that covers my question.Cheers lee

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