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Jenny, Solicitor
Category: Law
Satisfied Customers: 6466
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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i am a self employed school uniform retailer, i was in a contract

Customer Question

i am a self employed school uniform retailer, i was in a contract with a large private school and agreed to terminate - at their request- on the understanding that their new provider would buy my existing stock (circa £20,000) the school agreed but they have now appointed a new company who are refusing to buy any stock
do i have a claim
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello my name is ***** ***** I am happy to help you today.
Did you have anything in writing from them to say that you would be paid for the existing stock, or was this dealt with in the original contract?
Customer: replied 3 years ago.

the contract specifically says that there is no liability to the school for stock

unless they terminate without giving 12 months notice

Expert:  Jenny replied 3 years ago.
and I assume they have not given 12 months notice in accordance with the contract. As I understand it you agreed to forego the notice on the basis that you would be refunded the stock (by the future supplier)
Customer: replied 3 years ago.

that is correct

Expert:  Jenny replied 3 years ago.
Ok you cannot take action against the new supplier as you do not have a contractual relationship with them.
Your claim is against the school in breach of contract on the basis that you agreed to forego the notice period on agreement that you would not be out of pocket for the stock, as they had assured you that this would be purchased by the incoming contractor.
You should write a letter before action stating that if you are not refunded for the price of the stock you will have no altertnative but to bring a claim in breach of contract in the County Court.
If they are represented by a solicitor then it is probably worth you paying a solicitor to write this letter for you.
If they do not pay you off then you will be left with no alternative but to raise a claim.
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