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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I agreed a professional services engagement of the basis of

Resolved Question:

I agreed a professional services engagement of the basis of a number of days work and discounted my day rate accordingly, the company that I was engaged with were then acquired and decided not to honour the number of days, am I entitled to bill them for the 'discounted' amount? Any guidance gratefully received
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Was it agreed in writing you would bill if they didn't honour the duration?

Customer: replied 1 year ago.
Not explicitly in a contractual form, there are emails agreeing the discounted rate and the invoice submitted states the rate is discounted
Customer: replied 1 year ago.
to answer your question directly would be 'no' it was implied
Customer: replied 1 year ago.
do you use the skype facility here, it maybe a lot quicker to have a quick call
Customer: replied 1 year ago.
Hi, not sure how this service works, should I be waiting for you response or should I come back later?
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request full 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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.
Hi Alex, thank you for clarifying the process, what I am trying to establish is whether or not I may have a case, as stated I agreed a discounted rate based upon a minimum number of days, the number of days is encapsulated in a contractual document produced by the client and signed by myself, please note I do not have a countersigned copy. In my correspondence and engagement with the client (now WPP) it has been clear that the rate was discounted on this basis. Unfortunately my contact at the business has now left, the value of the outstanding invoice (which WPP are refusing to pay) is £12,750, I do not want to pursue this unless there is a high probability of success, please advise. Regards, Ian
Expert:  Ash replied 1 year ago.

Yes you do. Your contracted price was based on a certain number of days work. They lied and your profit is going to be reduced.

Therefore you can claim this. I think you have a good claim.

Does that clarify? Alex

Customer: replied 1 year ago.
Hi Alex, to state that they lied is too strong, they had a change of control in the business and decided not to continue with the engagement which is fair enough, as the amount is over £10,000 and I require legal representation is this something you or your firm get involved in, if so please advise how an engagement and the commercials would work
Regards, Ian
Expert:  Ash replied 1 year ago.

Sadly not Ian. This is a question and answer site and I can't be instructed. I am sorry. Alex

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