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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14350
Experience:  Solicitor
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I have a contract issue with a vendor. Wondering if you can

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Hi I have a contract issue with a vendor. Wondering if you can help?

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Is it a UK contract?. What would you like to know?

Customer: replied 6 days ago.
it is a UK contract

Thanks, ***** ***** explain the issue with the contract for me.

Customer: replied 6 days ago.
I had a contract with a recruiter where we had a retainer contract. Are you aware of retainer contracts?

I have heard of them and know what they are, yes. I am not an employment lawyer bit I presume this is not an employment question.

Customer: replied 6 days ago.
No this is not an employment question
Customer: replied 6 days ago.
It is a contract related question

I asked as retainer contracts are routinely used in an employment context, that was all

Customer: replied 6 days ago.
I agreed with the recruiter that we will have a retainer agreement but if they are not able to fill the position in 6 months, they will refund the entire fee back
Customer: replied 6 days ago.
It was very clearly communicated that this is the only basis I will sign the retainer agreement
Customer: replied 6 days ago.
That fee would be refundable

Thanks, ***** ***** they have not refunded the fee. What do they owe you?

Customer: replied 6 days ago.
Now the vendor is failing to agree to that claiming that because the invoice was not paid on time, the refund they agreed to me is no longer valid even though when they emailed me regarding the refund there was no additional condition
Customer: replied 6 days ago.
Can I send you the contract, the email and communication re fee refund and let me know if they can claim to not refund the fee?

OK, so they introduced an additional term to the contract in effect, not agreed by yourself. Correct?

Yes, please do. http://ww2.justanswer.com/help/how-do-i-send-photo-or-file-expert-hl

Customer: replied 6 days ago.
kind of, they are not agreeing to what was already agreed in written by them

OK, you would need to consider suing them for breach of contract but I will take a look at the contract and emails before I advise further.

Thanks

Customer: replied 6 days ago.
The variation agreement
Customer: replied 6 days ago.
Email agreeing that if retainer role is not filled, fee will be refunded

That email of 08.08.19, did they send another one saying you could not now have the fee back?

Customer: replied 6 days ago.
Communication preceding signing of the contract(Mohammed is the recruiter)
Customer: replied 6 days ago.
they have sent me a letter from their lawyers now asking for the fee
Customer: replied 6 days ago.
also saying if I pay the invoice the fee is no longer refundable
Customer: replied 6 days ago.
Sending that as well
Customer: replied 6 days ago.
Letter from lawyer
Customer: replied 6 days ago.
Further communication from recruiter after sending the letter
Customer: replied 6 days ago.
Please review these and let me know where do I stand
Customer: replied 6 days ago.
I just find it a bully that first they agreed to the refund and now they are backing out of it by making excuses

Thanks, ***** ***** review this is now outside my area of expertise. I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Hello my name is Jamie and I will help you with this.

Are you asking us to review all the documents including the contract
If so, that is outside the price for the question and will need an additional service.

Customer: replied 5 days ago.
What’s the price?

I can put together an additional cost, as its going to take an hour or so to review.

Customer: replied 5 days ago.
I have already paid some money. Will that be refunded?
Customer: replied 5 days ago.
Also when can you provide answer?

That is added. It will take me some time to review and a Solicitor will charge £250 an hour.

You would get a response tonight before 11.37pm

 

Customer: replied 5 days ago.
If I don’t need you to review the contract but just the addition documentation as that has all the references required to the contract, will that make difference in price?

You tell me what your question is.

I can answer it. But I can't review loads of files.

Customer: replied 5 days ago.
Ok I will try to do that
Customer: replied 5 days ago.
I have this retainer contract with one of the recruiters

Right.

Customer: replied 5 days ago.
When they were asking me to sign the contract, I was very clear to them that I won’t be signing retainer contract unless it has a condition that if they are not able to fulfill the role in 6 months they will refund me the fee back

Ok.

Customer: replied 5 days ago.
They agreed to this refund and sent this written to me in an email saying that they can’t add it in the contract but they can send me in writing by email
Customer: replied 5 days ago.
So they sent the email confirming the refund and I also signed the retainer contract

Ok. You want to sue for refund?

Customer: replied 5 days ago.
Now they are telling me that refund clause is no longer valid because of the clause below
Customer: replied 5 days ago.
“In section 5.2 of the agreement it states: "In order to qualify for the new replacement service and rebate, the Client must pay NP GROUP’s fee within fourteen (14) days of the date of invoice". Having been 77 days so far since we issued the invoice this invalidates any rebate.”
Customer: replied 5 days ago.
But when they emailed me regarding refund, it had no mention that it was a rebate and related to this section 5.2

Does not matter if they have agreed. It overrides what was in writing.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 days ago.
So does clause 5.2 overrides the email or the email overrides clause 5.2?

Email overrides.

Does that clarify?

Customer: replied 5 days ago.
Yes I had the same understanding but now he is claiming that because in their industry refund and rebate has same meaning, clause 5.2 still applies. Is that true?
Customer: replied 5 days ago.
He didn’t mention this in the email below, no reference to any contract clause was given in the email

Yes, my advice remains the same.

Does that clarify?

Customer: replied 5 days ago.
Email sent by him

Yes, I understand but my answer has not changed.

Does that clarify?

Customer: replied 5 days ago.
Ok great and one last clarification please, he is claiming that because email was sent earlier and then contract was signed, the contract overrides the email. But this specifically happened because I told him that I will only sign contract if he agrees to the refund and he mentioned he can’t change the contract but he will send an email, once he sent the email I signed the contract

That makes no difference. You will argue it forms part of the contract.

Does that clarify?

Customer: replied 5 days ago.
Depending upon your response, I will talk to him again tomorrow. If he doesn’t agree, I might need you to draft the letter and happy to pay more

Can you see my response above?

Customer: replied 5 days ago.
Yes thanks for the clarifications. I will be in touch

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14350
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 5 days ago.
I will rate. Thanks

Thanks