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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
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I am in a franchise agreement (under Scottish law) that

Customer Question

I am in a franchise agreement (under Scottish law) that required a monthly service fee payment, commencing on year 2. The franchise agreement did not state payment terms nor when the invoice would be issued. The Franchisor has raised an invoice in the 1st of February 13 for 'February Management Services',when the contract was actually signed on 29th Febuary 2012, they also demanded 7 days payment terms and then raised another invoice 1st of March. We have advised them that February invoice was an error  and should be retracted and the payment terms that they has specified are contrary to when I have provided support services to the them. they have taken receipt of invoice after work done and then insisted on a 30 days payment term. In addition the Group has not met all its obligations under the agreement mainly in terms of delivering a CRM system, and visits every 60 days to the franchisee. I have just got theis response from them regarding the points I have raised (february invoice, march invoice and legal obligations:

" response by franchisor:

  1. We cannot have a Franchisee dictate terms as this would lead to chaos and have a long term detrimental effect on the business.

  2. We strongly contest your claims that SmartPA has not supported you and this is a really major issue which we have already taken legal counsel. We feel these comments are damaging and inflammatory. We have calculated a huge amount of hours of support which we have provided you and have listed this including a two page document which was sent to our lawyers today. In addition, the Franchisees have stated they would much rather have visits to HQ in Edinburgh and development meetings over Skype than us paying home visits where many see this as invasion of home privacy.

  3. Invoices – It has been noticed February invoice should have stated support for March. As we teach within business coaching all invoices are for support in advance of each month. We will change the invoice accordingly however you did inform Andrew yesterday you would not be paying this so it is our view that you have highlighted a technical in-correction to smoke screen the fact you have no intention of paying the invoice in full."

Please advise on my obligations to make payment of the monthly service fee plus possible redress of the Groups obligations.

Please advise on a legal response to their email

Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.
This cannot be dealt with through this site as the franchise agreement and other papers would have to examined. You should see a solicitor about this especially when you will need a letter drafted.
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