Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Based on what you have described, what would be the ideal outcome for you in this situation so that I can look at your options?
That's OK; no problem at all and thank you for the additional information. Please leave it with me. I am in court for the day and will be travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to check on here as you will receive an email when I have responded. Thank you.
ok I will leave this question and open it up for anyone else to assist you if they can today
I see that Ben has opted out. I will try to help you.
When you said the payment in 2015, how did you word the letter? Did they cash the cheque? Did the cheque come from you or your solicitor or accountant?
Do you accept that the amount they are claiming is the amount they are entitled to and if not, why not?
I need the detail to the substance of the claim and any potential defence you have please. Thanks
I’m afraid that I’ve been off-line for some time. We have clients and travelling.
I apologise for the delay in getting back to you. I see that you’ve requested a telephone call but before that, I need some more information from you please.
Why did you not pay the invoices?
They say that you carried on using their data after the date of termination. Is that true?
If they take you to court and win, and they immediately got judgement for £46,000, presumably you would not be able to pay that. If they put the company into liquidation, what problems would that cause for you?
I see all their allegations but I need to know what your defence is to their claim. Thanks.
Thank you. Don’t worry about the delay. It happens to us both. The fact that you may not have the money to pay the bills because of the decline in business is not relevant to whether you owe it or not. It may be grounds for negotiating different terms but until those terms are negotiated, the existing terms are extant. There is a reason behind it but not a defence.
When you refer to the manner in which they said they would not supply you, I presume you are meaning the part where they say they will not give updates if you do not pay the monthly commitment.
It is a matter of degree.
If you didn’t pay them and the day after the payment was due, they wound the contract up, it’s likely they would be held in breach. Many agreements provide for businesses to no longer supply when payments are 14 or 30 days late. In your case, they say that you didn’t pay from May to October 2014 but still used the data. Whether you used the data or not is a matter of factual evidence. If you used it, you are obliged to pay for it.
There is a potential issue with payments being late as to whether that’s a substantial breach which would entitle them to terminate the contract. A court would look at the nature of that and the length of time.
Ultimately, whether they would be entitled to terminate the contract at the date they did terminate it would depend on what the financial situation was that date. There is also of course there are alleged to usage by you, of the data after that date which, as I said earlier, comes down to factual evidence and whether you did use that data or not.
I’m not certain what you’re getting at. Are you saying that they didn’t provide delivery of what they are asking to be paid for?
I can speak to you about this and submit a premium services proposal again but I’m not going to have time to be able to do that until midday. I have clients this morning.
I don’t know anything about the previous telephone call because I didn’t accept the proposal. It may be that someone else accepted the proposal and then got cut off. I don’t deal with the administration of the site, I just answer the questions.
When I submit the proposal I am here. If you were to take up the proposal several hours later, I may be with the client. At some stage, we can meet in the middle.
For some reason, the system will not let me submit another proposal. If you let me have your telephone number, I will call you briefly pro bono as I will not be paid for it. Best wishes.
We have now spoken at length. I hope it was useful. Please let me know you get on. Best wishes.
You can always post up again here.