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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44961
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I agreed via e-mail to hire someone who owned a recording

Customer Question

I agreed via e-mail to hire someone who owned a recording studio to do some recording of me playing and singing. The agreed date was 21st to 28th November. They said they would send me an invoice at the beginning of October. I asked on 11th October and again on 27th October for an invoice but none was forthcoming. They in this period had agreed to sell the studio but did not tell me. I considered the arrangement null and void. They have this week invoiced me. I said I did not wish to proceed with the service. They are asking for some payment to cover the costs they have incurred of hiring out the studio (now under new ownership).I have said I am within my rights not to. They are demanding some kind of payment, citing early cancellation. There were no terms and conditions discussed on this kind of thing at the time and they only cited them now (having failed to inform me in advance of what was going on). No contract was signed; all that was agreed was that I would book the studio upon providing a deposit. What do you think my best course of action is?
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 22 days ago.

Were the hire fees agreed in advance?

Customer: replied 22 days ago.
Hello Ben, so what do you think?
Customer: replied 22 days ago.
Hello Ben, are you there?
Customer: replied 22 days ago.
The hire fees were agreed in advance.
Expert:  Ben Jones replied 22 days ago.

Yes, did you see my initial query above - Were the hire fees agreed in advance?

Customer: replied 22 days ago.
they were agreed in advance.
Customer: replied 22 days ago.
Customer: replied 22 days ago.
Hello, do you have any feedback on this one?
Expert:  Ben Jones replied 22 days ago.

Thank you. at the time you had agreed to hire the studio a legally binding contract would have come into operation because this is automatically formed when there is an offer by one party and an acceptance by another. So you had offered to hire the studio on a specific date and they in turn agreed to your offer and by doing so and entering into this mutual agreement a contract would have been formed. It is not a requirement to have anything signed or even in writing.

You then have to consider if the provision of the invoice was a critical part of the contract which if not undertaken, made the whole contract null and void. I am not sure how critical the provision of an invoice would have been unless you had made it specifically clear at the outset that you specifically require that urgently by a set date. So it is perhaps not possible to use that as an argument that the contract was void.

Then there was the business sale. Just because a business changes hands does not make all existing contractual obligations null and void. Your contract can transfer to the new owner as long as the service they would provide is not substantially different to that which you had initially agreed to.

Nevertheless, the lack of communication is something you may use by arguing that you had list confidence in them and that as you could not establish that the booing still stood, you would have cancelled to seek hire elsewhere.

In any event, they are requesting money from you now but you cannot be forced to pay anything. The only way for them to do so is to take you to court and this may never happen. So you can stick to the reasons for cancellation as already mentioned and can maintain you are not paying anything. It is up to them as to whether to take you to court or not – if they do you can always reconsider your position and whether to offer some kind of settlement at least.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 21 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 20 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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