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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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This is about the business dispute. The logistic supplier

Customer Question

Hi there,
This is about the business dispute.The logistic supplier could not provide the service. They are holding our perpaid money and applied unfair charge on my prepaid account, and some compensition disputes form privouse jobs. they just shutdown the website not responding.It looks the companies have been planned to do this for a while.
Please allow me to explain:Company A has the reseller license from the Royalmail. and Company B as my logistic supplier resell the service from company A.According to Royalmail comfirmed reseller information, that company A is using company B's website.Would you give me some advice? and don't let company A get away.
Submitted: 10 days ago.
Category: Law
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I confirm you have a contract with B to supply logistics please?
  2. You say A is using B's website? Do you mean the other way around?
  3. Is B simply acting as agents for A with A actually providing the service?
  4. You say a website has been shut down? Is this A or B's website?
  5. You
Customer: replied 10 days ago.
1.We don't have paper contract with B or A. but we've paid most of service fees to B.
2. According to Royalmail group email, it should company A trading as www.B.com, but turn out the www.B.com is anther company.3. I believe the company A try to hide to hold the Royalmail resell license( The license is very expensive)
4. It's company B's website. The company A is refering the company B's website.
5. I am the customer.
Customer: replied 10 days ago.
This is the email from the Parcelforce to confirm the resellers list. please find for the highlight part. It's turn out the website is for another company. To be honest, A and B was sharing same director and address. They changed address from company house this May and June. They even sharing samliar company information (the intruduction of company on the website).
Expert:  Joshua replied 10 days ago.
  1. thank you. Is B still trading?
  2. against which company are you seeking to take action please?
Customer: replied 9 days ago.
As far I know, The Company B has stopped trading for Insolvency ( as company B never informed us about anything), and they have "closed" for public but the previous employee represent the B to do something under the radar online only.
So I don't know about Question 1.
I know the guess is silly. It's seems they had been planed all this. otherwise no login for the account and no respond without any care.My concert is how I could link the company A to my claim. Is it possible?
Customer: replied 9 days ago.
with all respect, I don't mind to get call from you. however my English is not as good as I expected. I would like you to get understand the situation and make the phone call. Thanks for understanding.
Expert:  Joshua replied 9 days ago.

thank you for the above. Final couple of questions if I may:

  1. approximately how much of your money does company B hold and do they hold any goods belonging to you?
  2. How did you pay these fees?
Customer: replied 9 days ago.
Does it legal for a company (A) signed contract and trading as company (B)? If work that way the company A can simple change B to C and start again with no responsibility and no cost.1. about 800 pounds balance they own me. plus other goods. It's about 6500 pounds in total approximately.
2. We prepaid the service via bank transfer.
Expert:  Joshua replied 9 days ago.

thank you. Companies A & B R from what you describe separate Incorporated companies and therefore one cannot be sued over the failures of the other. In fact, it is quite common practice for larger businesses to incorporate a holding company to hold the assets of the company and then separate subsidiary companies which actually carry out the trading. The reason for this is separation of risk so that if one of the trading companies is sued, the claimant cannot access the bulk of the assets owned by the company which are owned by an entirely separate holding company.

If Company A provided you with evidence of their public liability insurance, it may be that you would be able to make a claim against that policy if they have become insolvent. Otherwise, you would need to make a claim against the insolvency practitioners which are appointed by company A if they are being wound up or placed in administration. in the circumstances, it is unlikely would make a full recovery.

If you have evidence that the directors of the company were trading company A knowing the company to be insolvent, then you may be able to sustain a claim against them personally. If you have such evidence, then you would need to liaise with the insolvency practitioners there appointed in the administration or liquidation of company A

Customer: replied 9 days ago.
As I don’t have the direct contact with company A. I will lose if I claim from company A.However, The parcelforce clearly state that reseller laplock technology is www.B.com
How could I use this information? It's misleading information that make me believe I have placed order via offical reseller's website.
Expert:  Joshua replied 9 days ago.

If you can demonstrate that the information provided to you by Parcelforce was wrong and negligently provided, then you may be able to sustain a claim for loss by way of negligence. however, as your claim is for money that you have lost, it is likely to be a challenging claim to bring as the courts will generally exclude claims for so-called pure economic loss on grounds of negligence alone. Accordingly I do not see an obvious route by which a claim against Parcelforce could be successful based on the above

Customer: replied 9 days ago.
I have nothing to claim from parcelforce. It's the company A and B misleading parcelforce, I believe. Do you think we should talk through the phone about this matter?
Expert:  Joshua replied 9 days ago.

you are welcome to request a phone call however, I think we have covered the main elements of the potential claims available to you above which regrettably, seem relatively limited in scope.

Expert:  Joshua replied 8 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 7 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.