Help with defence

[Amethyst]

Re: Help with defence

Do you have the 'overleaf' bits?

Have you discussed it with the person that signed it, did they know what they were signing?

[mrcraig]

Re: Help with defence

Oh, thought I had, the pdf is on my work PC so will do that tomorrow

The person who signed it, left the business last April (2014)

[Amethyst]

Re: Help with defence

I'm not suggesting you do anything here, but we had a case on here last year where a 'helper' in a business had been mislead into signing for rental of feminine hygiene bins, without having any authority to do so, she ended up being sued by the owner of the business. There might be some useful snippets in their thread about the rules on who signs the contract and under what circs it's enforceable. If the employee had no authority to enter into a contract on the businesses behalf it should be okay. You should also have been left a copy of the contract at the time.
It's a business to business contract so there is less protection than if it was a consumer contract.

[Amethyst]

Re: Help with defence

Ah here's that thread ( it's a bit wonky in places ) http://www.legalbeagles.info/forums/...hat-this-means - different situation but there might be some useful bits - I haven't been back through it.

[mrcraig]

Re: Help with defence

Do you have a link - I can't see the thread

[mrcraig]

Re: Help with defence

Heres the Terms

[mrcraig]

Re: Help with defence

I need to start and compile my defence.

The points are:-

1 Water cooler was taken on a trial in May 2013
2 Deliveries continued and at no point did I, nor was I aware that a written contract was in place.
3 As a sole trader, I have sole authority for signing any documentation relating to the business and the business affairs
4 Deliveries stopped in AUgust 2014, then followed an invoice for £65.xx for an advanced charge for sanitization and quarterly rental.
5 I wrote to the company and challenged this invoice on 14th September 2014 ad rwquested that the contract be cancelled and that they collect the water cooler as a result of no deliveries.
6 I received a letter back from the company on xx date informing me that I was in a 5 yr contract
7 I wrote back to the company advising I was not aware of this and asked they furnish me with a copy
8 The reply came back, attached with an agreement
9 The agreement was signed by a receptionist, who was unauthorised to do so
10 At no point was a copy of the agreement given or posted back to me - hence point 7
11 I wrote back to the company and advised that no services had been provided therefore the invoice should be credited.
12 Furthermore, I challenged breach of contract, as the terms of the agreement state that deliveries will be every 14 days

I xxx xx-xx of xxxxxx, refute this claim in its entirety and to date no further services have been provided by the company

thoughts?

[Amethyst]

Re: Help with defence

That's a great start.

5 I wrote to the company and challenged this invoice on 14th September 2014 ad rwquested that the contract be cancelled and that they collect the water cooler as a result of no deliveries.

At what point did you know there was an actual 5 year contract - not till point 6 - so point 5 - you told them you had asked for no further deliveries etc and returned the cooler? etc. Keep the contract point for 6 as a 'OMG how on earth am I in a contract I only had a months trial then paid for a few months - thought it was a pay as you go type thing etc' You'd had no deliveries so assumed the trial period had run out and waited for them to collect ? Do you have a copy of the letter challenging the invoice, had you had previous advanced charge and quarterly rental letters/invoices ? had you paid those? etc.

I think possibly if you can speak with the receptionist at all her witness statement that she didn't know she was signing a five year contract and though she was just signing for a delivery etc type of thing - that would be very useful. It happens an awful lot, and of course if she had known it was a five year contract she would have bought it to you to authorise first.

I think that is going to be the main argument, receptionist signed it, no authority, didn't know what she was signing and you didn't receive any copy of it.

[mrcraig]

Re: Help with defence

Hi

I have had previous invoices which were all paid for rental, sanitization and water bottles as the service was carried out

Its not possible to speak to the receptionist as she left on badish terms, however, it is clear from the agreement that the name at the top and and signatory are completely different people

-should I enclosed copies with my defence?

[mrcraig]

Re: Help with defence

bump

Hi

I have had previous invoices which were all paid for rental, sanitization and water bottles as the service was carried out

Its not possible to speak to the receptionist as she left on badish terms, however, it is clear from the agreement that the name at the top and and signatory are completely different people

-should I enclosed copies with my defence?

[mrcraig]

Re: Help with defence

Any further advice? Need to send defence today

thanks!

[mrcraig]

Re: Help with defence

***UPDATE***

Received a form from the court with a Fastrack Recommendation

Today received a "Discontinuation of Claim" letter from the claimant

not sure where that leaves us, but hopefully that will be the end

I'd like to thank everything on this forum and the forum owner for all your help and support - you do a superb job!

[nemesis45]

Re: Help with defence

Well it's all over, just check with the court that the discontinuation is in place.

nem

[Amethyst]

Re: Help with defence

***update***

received a form from the court with a fastrack recommendation

today received a "discontinuation of claim" letter from the claimant

not sure where that leaves us, but hopefully that will be the end

i'd like to thank everything on this forum and the forum owner for all your help and support - you do a superb job!

SUPER Duper !!!!!

Actually that is bloody brilliant - did the court give any reasons for the fasttrack recommendation ?????? Bet they sh*t themselves at a fasttrack allocation for a £250 claim

[Amethyst]

Re: Help with defence

Any further advice? Need to send defence today

thanks!

sorryyyyyy craig I completely missed that post, sounds like you managed ok though xxxxxxx