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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a director of a Ltd company and currently have a

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Hi i am a director of a Ltd company and currently have a dispute with a suppliers invoice. It is a marketing company which i used in 2014. I signed a 3 months contract for there services and later cancelled and gave a 28 days noticeTo date i have only paid the company for the first 2 weeks. I have raised my dispute with them and during the course of the 3 months they provided service. The service they provided was not as to what was agreed, some of the products and services were missing. The marketing response was poor and i felt the representative deliberately upsold the product services, i was presented prior signing cthe contract with very good statistics and charts of how they compare with our current business partners (there competitors) and they currently are the market leaders with a significant market share. Unfortunately i found that this was not the case and the representative mis-sold there services and products, the representative also mis advised there is no cancellation period required, this was not the case i was required to give a months notice.During the 3 months i raised several issues, unfortunately they were not addressed. Several months later i received a telephone call from a manager chasing payment, i advised i am disputing the amounts they are requesting and requested a copy of the credit agreement. Unfortunately i had no response. 17 months later i have received a letter from there solicitor requesting payment and interest charges and a late payment fee.I replied to the solicitor that i am disputing the amounts and have already informed the company in 2014 and have not had a reply. I have supplied the solicitor with full details of issues raised with the company and a list of services and products they failed to supply with dates and staff names of every conversation had and that the representative mis- sold the products. I have also offered to settle the claim without going to litigation should we come to an agreement to reduce the invoice amounts and remove the interest fees and late payment fees as they have taken 17 months to respond.I have had a reply from the solicitor stating there client provided services and are requesting full payment, if i fail to settle with 7 days they will take legal action, they are charging interest daily. The solicitor and client have not responded or addressed the issues raised.I would like to know if i have a strong case should they take legal action? Or if i am wasting time and money disputing? Should the claim go to county court and i loose and fail to pay the judgement how will a CCJ on the company effect its directors? The directors personal bank accounts are with the same account as the companies.
Hello my name is ***** ***** I will help you.How much is the disputed invoice please?Alex
Customer: replied 2 years ago.
Hi Alex the invoices are a total of £1100. However the interest and late fee has added a further £200.
Do the terms allow for a late fee to be charged?
Customer: replied 2 years ago.
I have requested a copy of the signed agreement however they have not provided. There solicitors letter states "late payment of commercial debts (interest) act 1998, compensation for late payment of £70 and interest at the rate of 8% pa above base rate"
Have they worked out interest to be £130?
Customer: replied 2 years ago.
no however i believe the interest they are charging would be approx from June 2014. However i am not disputing the actual figure of interest it self...
Customer: replied 2 years ago.
the actual interest amount itself is irrelevant? that is not my concern at present...
The they agreed to do certain things this forms part of the contract. If they failed to perform and deliver those things they are in breach of contract. This means not only can you not pay but if they issue a claim you could counter sue against them.
They are on thin ice if they didn't deliver that was promised. Based on what you have said, no you do not have to pay. Can I clarify anything for you about this today please? Alex
Customer: replied 2 years ago.
They delivered a service but not to what was agreed. They have provided to there solicitor evidence (screen shots generated from there systems) the service was provided, however this does not show the additional products that was part of the agreement. Legally can they charge interest and occurring until payment has been made? I have requested a copy of the signed agreement but they have not not provided it. I feel the representative mis-sold the products, do i have any grounds based on that? Can a CCJ on a company effect its directors personally (no personal guarantee were given)
Customer: replied 2 years ago.
Alex happy to accept your phone offer, however in return can you reply back with a professional legal response i can quote on a letter (no reference will be made to this website or yourself)
A ccj can't affect directors personally. You need to write back and say they are in breach of s.13 of the sale and supply of goods and services Act 1982 by failing to act with all reasonable skill and care by not delivering what was agreed. Does that clarify? Alex
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