Docklands Solicitor

Question:

In December 2008 I ordered a machine with a separate attachment from a company for business use. The machine was delivered on 22nd December without the attachment. This was promised for the end of January. The attachment wasn't delivered and after three attempts to contact the company I received, by email, notification that they were in the process of redesigning the attachment for increased performance. They stated that they had anticipated it being ready but had encountered problems and therefore the part was not ready.

The attachment adds significantly to the functionality of the machine and not available from other manufacturers as they would be incompatible.
Without the attachment the machine does not match my requirements specified when I placed the order. The Sale of Goods Act states that goods should be fit for purpose. Can I claim a full refund and return the machine to at their cost? If the company refuse a refund what would be my next step? The machine cost £5000.

Answer:

You must review the terms of the contract to see what it said about delivery times and delay. If there are no explicit provisions, write giving a reasonable period for delivery but now making “time of the essence” of the contract so far as delivery is concerned. Reject the goods if delivery is not made in that period and then sue for the return of your money.

If you are experiencing problems with supply of goods please ring Michael Breeze to discuss further 07 900 195 195

Labels: supply of goods

Before starting a business you need to sit down with the people who are going to be involved and agree, in writing, money and time investments, rewards, exit routes and strategies.

If you do not, if the business owners have a disagreement the legal work has to concentrate on analyzing conversations to establish what the agreements were - a labour intense exercise and one where the conclusions may well be disputed by the parties involved.

If a disagreement occurs there are usually the following options if the other business partners want to get rid of a partner.

Option A
Spend money on lawyers and accountants to argue your dismissal / the deal and the value of your shares, with the hope that they can agree to get increase in offer more than costs spent or alternatively risk the venture going bust and getting nothing.

Option B
Spend your time arguing your dismissal / the deal and the value of your shares with the hope that they can agree to get increase in offer more than costs spent or alternatively risk the venture going bust and getting nothing.

Option C
Sit tight and do nothing. Hope that one day someone will offer a lot of money for the shares or risk the venture going bust and getting nothing.

Option D
Grab the money on offer. Put the whole thing down to experience. Resolve to deal with businesses matters properly next time


If you want help setting up your business contact Michael Breeze on his Mobile: 07 900 195.195 email: mdb@kaslers.co.uk

Labels: advice, business start up

We are pleased to be able to offer a Debt Recovery Service for clients at the rates shown below. The initial cost per letter (Letter before Action LBA) will be calculated on the basis of the number of debts sent to us at any one time.

For example:

1-5 debts - 25 pounds each LBA
6-20 debts - 20 pounds each LBA
21-50 debts - 15 pounds per LBA
51-100 debts - 10 pounds per LBA

If further work is required to recover a debt, it will be agreed prior to any action being taken by us and will be dealt with in accordance with our Terms of Business.

The process is as follows:

The client sends details of the debts on an excel spreadsheet with details of the debtors, that is, their name and address and the amount of the debt. At this point, money on account will be payable, for example a batch of 30 debts would equate to a fee payable of 450 pounds plus VAT. Payment can be made to us by cash, cheque or credit card.

An LBA (the wording of which will be agreed with the client beforehand) will then be sent to each debtor. A three week deadline will be set, at which point we will update you, by telephone, of the responses we have received and then agree any further action.

The responses are likely to fall into one of four categories:

Payment in full
Proposals to pay by installments
Dispute as to the sum due
LBA ignored/returned

Once we have discussed the responses received, we can agree what (if any) further action is to be taken. We can negotiate for payment or issue proceedings on your behalf, both of which will be charged at an hourly rate.

For further details please call Felicity Keeler on her direct line 01622 891711 or call the office number (local rate) 0845 270 2511

Labels: debt recovery fixed fees