The Italian Job

[CleverClogs]

Re: The Italian Job

you might want to consider returning the goods, include a letter quoting the invoice number and clearly rejecting the goods as they are not what was ordered. Put the letter through an online translator and include a copy in italian, keep a copy of both letters.

The following are not literal translations:

Your client is in breach of contract = Il suo cliente č una scoreggia poco in violazione del contratto

I have retained the undersized dresses solely to return them as they cannot lawfully be sold = Ho mantenuto gli abiti sottodimensionato fatta da idioti solo per restituirli in quanto non possono essere legalmente venduti.

Until your client sends the items actually ordered, this company will pay nothing = Fino a quando il client invia le questioni realmente ordinato e non le stronzate lo ha inviato, questa azienda pagherą nulla e possono andare a farsi fottere.

With kind regards = Vai scopare tua nonna nel culo

Will that help at all? :rofl:

[Celestine]

Re: The Italian Job

Google Translate

Anyone wanting to know the actual translations kindly provided by CleverClogs, should explore the link above.

To say the least they are not literal translations! But if you like annoying Italians, go for it....don't forget to include mention of Berlusconi, Bunga Bunga and austerity measures if you're really trying to stick the boot in!

[CleverClogs]

Re: The Italian Job

Bearing in mind that the letter sent to me was dated the 7th November, although I didn't receive it until a couple of days later, can this be a proper notice of intention?
By saying that I have 7 days to make payment without specifying a start date or end date for this 7 days, is this a flawed notice?

It is certainly flawed, as it stated:

We are instructed that the sum of £4637.11 is due and payable by you in respect of services rendered to you by our client at your request.

Their client had not rendered a service to your company; indeed, by having sent undersized frocks that could not lawfully be sold because they were woefully mislabelled, one might say they did your company a significant disservice.

The alleged debt is for goods, not services.

I ask that question as the 7 days would expire from the 7th November on Monday 14. There isn't another working day from now until then for them to answer my response to them so if the 7th was the date of service (which I sincerely doubt) could just go straight into legal action.
Do they have a right to overlook my response or do they have an obligation to acknowledge it and answer it?

They could issue a claim at once, but they would not be wise to do that. The posting rule states that service by post is deemed to have been made two days after posting for items sent by first class post, or four days after posting for items sent by second class post.

Have you decided how much you'll charge the agent of the spaghetti-munchers for storage of the frocks?

[CleverClogs]

Re: The Italian Job

Google Translate

Anyone wanting to know the actual translations kindly provided by CleverClogs, should explore the link above.

To say the least they are not literal translations! But if you like annoying Italians, go for it....don't forget to include mention of Berlusconi, Bunga Bunga and austerity measures if you're really trying to stick the boot in!

Thank you. I had wondered if I should add a reference to the Mafia, but decided it would be too insulting to compare the Italian company to James Murdoch.

Seriously though, I doubt if the Sale of Goods Act or any statute law applies, as this case is simply one of non-performance of contract. The requirement that the frocks be made longer was written on the order form and thus became an express term of the contract, which the supplier seems to have ignored.

[Lynnzer]

Re: The Italian Job

It's gone way past the 7 day notice period now.
Not a word from the solicitor in response to my email and subsequent follow up on it, for an answer.
Consider the case closed unless I pop along sometime later.
Many thanks to all contributors

[CleverClogs]

Re: The Italian Job

Were my translations any help?

[Celestine]

Re: The Italian Job

Lynnzer.....I get the feeling your letter will have had them running for the (Italian) Alps.

Well done for sending such a detailed letter, it sure seems to have done the trick!

[Celestine]

Re: The Italian Job

Were my translations any help?

ROFL

[charitynjw]

Re: The Italian Job

Were my translations any help?

It was all Greek to me, CC :tung:

[Lynnzer]

Re: The Italian Job

Were my translations any help?

Hey, I'm a Geordie. If I go further south than Doncaster I need to take an interpretor. The Eyties don't stand a chance......

I did a translation of the actual Terms and Conditions on the Order Sheet and it didn't make any sense so thought to leave this alone but thanks anyway.

[CleverClogs]

Re: The Italian Job

Their Terms and Conditions aren't worth a drop of tepid spittle, as those scoreggioni simply did not perform their part of the contract.

[charitynjw]

Re: The Italian Job

Blimey, CC, you've got some bottle!

(You don't hang around under Blackfriars bridge, do you?)

[CleverClogs]

Re: The Italian Job

Blimey, CC, you've got some bottle!

(You don't hang around under Blackfriars bridge, do you?)

No - that was Roberto Calvi. :tinysmile_aha_t:

[Lynnzer]

Re: The Italian Job

Just a quick update on this topic.
I have had another solicitor call me and I discusses the full problem with him.
It appears he already knows of my issues regarding the poor sizes and told me if I was to make a list of the items we still had left he would speak with our supplier to try and have them agree to uplift them, and for us to pay for the one's we've managed to sell.
I told him it wasn't as easy as that as the ones we sold had to be altered to make them fit which incurred costs to us, but would nevertheless make out a list of what we had left.
As part of the general conversation I asked him how he felt we stood in legal terms and he was straight to the point.
He said that if his company were instructed to take legal action he would back off and tell them he wouldn't take the case. He said that as far as he was concerned the supplier didn't have a leg to stand on as he knows personally that something wrongly sized is a huge problem especially with ladies fashion.
As far as I'm concerned this ends the topic.
Another win for me