Business To Business Dispute

THS Jones

Free Member
Feb 10, 2017
11
1
Hi All,

Sorry if this is in the wrong place, We have a business that has been gong for many years and we are always expanding and trying to streamline our processes.

We embarked on a new invoice software so we was recommended a company from a welll known company who unknown to us didn't do the service we were looking for.

I will try to make this short as its a very long state of affairs, we were given a quote for the service and software we needed to meet our needs, we acceptted this, a deposit was paid and we were told this would around 3 months to sort out, at the same time we would be paying for the software while the work was being done to tailor it to our needs.

We had gone into the fourth month and still the software wasn't ready to use, months and months have gone by with numerous issues along the way, 18 months later it was still not fit for use, we had stopped paying after 9 months the start as this was getting beyond a joke, hoping this would give them the hurry up to get it done sooner.

At the 18 month or so we were pulling our hair out with them, we had tried to get a meeting setup to see what was happening with reply at all, we had done everything in our power to get this sorted but to no avail. We approached a solicitor for advice who said we should terminate the contract under them breaching their contract. 12 months has now gone by with the solicitor trying to get this sorted without going to court, we have no software and have only used it in the testing phase.

The company in question has said we have not given them enougth time to iron out the issues when we were told 3 months and we stopped this after 18months how much time do they think was needed?

We are now thousands of pounds out of pocket and nothing to show for it, we are also scared of going to court incase we lose, but we have done nothing wrong here.
Please let me know your thoughts as this has been almost 3 years of stress and it is not over yet

Kind Regards.
 

ctrlbrk

Free Member
May 13, 2021
995
397
To give them a reasonable amount of time to correct the issues, they had 18 months to sort out the problems and they still weren’t fixed before we even started using the software hence why it was terminated.
At its most basic, it would be a matter of understanding whether it would be worth going to court to get the money back or not.

What is the solicitor advice on this?

Also, if you did not get what you were contractually promised, why are you concerned you may lose in court?
 
Upvote 0
Given that you are already talking with a solicitor, I'd suggest that random forum advice may confuse things further

As @ctrlbrk says, this will be all about the contract and specific performance / non-performance. The reality of going legal is that nobody can reliably predict the outcome, it's really just a case of assessing probability and limiting losses

I would almost certainly start pointing to the legal route, and see how they react
 
  • Like
Reactions: ctrlbrk
Upvote 0

fisicx

Moderator
Sep 12, 2006
46,676
8
15,376
Aldershot
www.aerin.co.uk
I will try to make this short as its a very long state of affairs, we were given a quote for the service and software we needed to meet our needs, we acceptted this, a deposit was paid and we were told this would around 3 months to sort out, at the same time we would be paying for the software while the work was being done to tailor it to our needs.
Do you have this is writing?

Do you have a technical specification detailing the customisation?

Is the coding being done in the UK? I suspect it's been outsourced overseas to a developer who is unable to fulfill their obligations.
 
Upvote 0

Latest Articles