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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14156
Experience:  Solicitor
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I was a uk sole trader until feb 2018 now living in usa. a

Customer Question

I was a uk sole trader until feb 2018 now living in usa.
a business I regularly bought goods from is wants me to pay for a bespoke product I created but I didnt order.
they only ever made this one type of product for me over a 3 year period with no problems.
They always made them for me and they always sent me a quote.. manufacturing date.. and product spec.. I always agreed in writing.
They also quoted me many times of which I did not proceed.
May 2019
They invoiced me for a large order they said I ordered over the phone in july 2017.
I did not... I asked for a quote.following the enquiry phone call I did not get a spec.. or anything in writing. I didnt agree to the order as it was a quote.
I had emailed them asking about manufacturing date and was told they would get back to me. turn around was usually 4-6 weeks. I had to supply my own raw material to the factory.. they supplied the bespoke packaging.
I didnt hear from them for 2 months.
in October 2017 they asked when the factory could expect the raw material.
I explained I hadn't ordered.. they said I had.I would never order without a factory date.
The company did not follow its usual email procedure we had done over the years.
They have sent 100 emails this year asking for payment for bespoke packaging.So... do they have a case against me?
Are there laws they should follow?Thank you
Submitted: 12 days ago.
Category: Law
Expert:  Jamie-Law replied 12 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 12 days ago.

Is this a UK law question?

Customer: replied 12 days ago.
yes... but I currently live in usa
Expert:  Jamie-Law replied 12 days ago.

How much is he charging and is there a contract for the item?

Customer: replied 12 days ago.
There is no contract.
We always chatted on the phone and then agreed via email.
Following my enquiry I thought that was it. They originally were charging me £4000 for packaging and final product even though it was never made.
They reduced the amount to £1500 for packaging
Customer: replied 12 days ago.
the sales woman messaged me this year and said 'there is always an urgency with your orders so I went ahead and had packaging done as I didnt want to let you down'.
Expert:  Jamie-Law replied 12 days ago.

You are in the USA, how does he propose to get payment?

Customer: replied 12 days ago.
he has filed a money claim against me
Customer: replied 12 days ago.
a court date has been set... which I cannot attend as I am in usa
Customer: replied 12 days ago.
when I filled in moneyclaim.. I put a uk correspondance address.
I cooperated at every opportunity.
I stated that I was in usa. I informed court I live in usa..
I asked for all correspondance to be sent to my usa address.
this has not happened.
Expert:  Jamie-Law replied 12 days ago.

Ok, why did you put a UK address?

Customer: replied 12 days ago.
it didnt allow a usa address.
I wrote in another section it was a correspondance address.
I wanted to cooperate as I've done nothing wrong.
it said if I didnt respond i could get a ccj
Expert:  Jamie-Law replied 12 days ago.

Ok, but do you ever plan to get credit in the UK?

Customer: replied 12 days ago.
yes... we will be returning in 2 years
Expert:  Jamie-Law replied 12 days ago.

Ok, what stage are proceedings?

Customer: replied 12 days ago.
Despite me informing moneyclaim and the court... I found out today a court hearing has been arranged for 9th december.
I cannot attend this.
Expert:  Jamie-Law replied 12 days ago.

Ok. Have you applied to adjourn? What is the hearing for?

Customer: replied 12 days ago.
The hearing is to see if I owe them money. Their claim is that I agreed verbally to order 4000units of my product. It wasnt an order it was an enquiry.
I'd like to know if I stand a chance of winning. I cant make the court date but my letter states I can send my evidence to the judge if I cannot attend.

I would never go ahead with an order without a factory production date.
After my enquiry I enquired about production via email and was told they would get back to me. They didnt.
They are claiming I agreed verbally to order.
So I understand from their perspective, b2b, would an agreed production date be necessary for a verbal contract?
When I have always agreed my order via email, would it be unusual that on this occassion they sent me nothing to agree to.
Expert:  Jamie-Law replied 11 days ago.

Ok. You would need to make an application to adjourn

Do you want me to tell you how to do that?