Help with defence

[mrcraig]

Hi Everyone

A little bit different

I am self employed and got a water cooler on a free trial on May 2013.

Deliveries continued etc and in September as I had not had any deliveries or visits from the company, in addition to the cost, I wrote to them and requested to collect the cooler and terminate the contract.

After a couple of letters, they wrote to me and said I was in a 5 yr contract - enclosed a copy of the contract which was signed by my receptionist (unauthorised)

They have since issued a Claim form through MMCS for an invoice which was £65 (which was disputed as it was n invoice in advance for cooler rental and cleaning - the cleaning has not happened) claim form now £251

I intend to defend this in full on 2 counts

1 As a self employed individual, I am the only authorised signatory
2 Breach of contract for not carrying out works invoiced for
3 No deliveries taking place (these happened every 2 weeks until AUgust)

Any advice would be greatly appreciated

thanks!

[Amethyst]

Re: Help with defence

How long was your free trial for originally ?

Any paperwork stating the free trial terms ?

When did they get your receptionist to sign this 5 yr contract ? Have you discussed it with your receptionist - was she signing for a delivery or did she know she was committing for a 5 yr contract ?

[mrcraig]

Re: Help with defence

Free trial was originally 14 days

Paperwork doesn't mention free trial - it must of been signed after then

The receptionist doesn't work for me anymore

I never got a copy of the agreement

How long was your free trial for originally ?

Any paperwork stating the free trial terms ?

When did they get your receptionist to sign this 5 yr contract ? Have you discussed it with your receptionist - was she signing for a delivery or did she know she was committing for a 5 yr contract ?

[Amethyst]

Re: Help with defence

Ok if the Free Trial was for 14 days, there's 4 months ? you had the cooler outside of the trial period.

Have you got a copy of the contract now ?

What company is it ?

Presumably the £251 isn't for the five year contract - so how much was the 'hire' for those four months ?

[mrcraig]

Re: Help with defence

The free trial was in May 2013 and I've had the cooler since then and paid all other invoices

I do have the contract now (only got it in September 2014 when I requested to cancel and asked them to collect cooler)

Company is DKSL Water Ltd t/a Aquaid (North)

The £251 is made up of £65 (original Invoice dated August), charges interest, solicitors fees

[Amethyst]

Re: Help with defence

Wondering because I had a quick look round a few companies and they all state '' We'll collect it free of charge at the end of your 'Free Trial' period. ''

Will have a look at Aquaaid's deals.

[Amethyst]

Re: Help with defence

The £65 invoice, could you post a copy of that up ?

Also type out the particulars of claim from the claim form pls. Thank you xx

[mrcraig]

Re: Help with defence

Just nipping out, will do it in a bit

I have filed AOS so have another couple of weeks!

The £65 invoice, could you post a copy of that up ?

Also type out the particulars of claim from the claim form pls. Thank you xx

[Amethyst]

Re: Help with defence

Good good Thank you xxx

[mrcraig]

Re: Help with defence

No, thank you - you do an excellent job on here!

[Kati]

Re: Help with defence

Will have a look at Aquaaid's deals.

I think it might be these people - http://www.aquaidwatercoolers.co.uk

Once ordered, how soon will my water cooler be delivered?
At AquAid we aim to work with your our customer and will do all we can to ensure that we can meet all your requirements. We will aim to schedule both the installation of your water cooler and any delivery’s to what suits you best –we can generally deliver bottle-fed water coolers within 48 hours and plumbed-in coolers with 3-4 days.

How often will I get a water delivery?
You will automatically be placed onto our fortnightly delivery round, which means that we will delivery to you on the same day every 2 weeks. This way we both can determine the quantity of water that you require to keep you hydrated during the two weeks.

- from their FAQs

[mrcraig]

Re: Help with defence

I'm not sure how to upload jpg image?

[mrcraig]

Re: Help with defence

bump

I'm not sure how to upload jpg image?

[Alfa1steve]

Re: Help with defence

Hi Mrcraig

Just click GO Advanced in the blue box banner where your are typing them manage attachments and upload from your computer and it will attach it to your post.

[mrcraig]

Re: Help with defence

Heres the agreement