- Original Poster
- #1
A company has not preformed on an agreement.
I can document where I tried to get the agreement in writing and signed.
The agreement was to get the company on to a preferred suppliers list and they would pay my company 5% of each tender they won.
They paid my company 5% of the tender award on 6 occasions
They then won two jobs both around 2M and say that the earlier payments where discretionary and have brought in the big gun lawyers. Below is a statement from their lawyer in a small claims action
Whilst the Defendant agrees that the Claimant helped to facilitate an introduction, the Defendant denies that there was ever any agreement between the parties that would establish an enforceable right to commission (both in relation to Shannon Grove and any other projects). The Defendant's position is that any payment that was discussed was always strictly on the basis that payments would be in the Defendant's sole discretion (to be exercised based on, for example, the profitability of the scheme). The Defendant points to other speculative claims made by the Claimant to support the notion that the Claimant's claim is opportunistic
I have a good handle on this but it was agreed in a meeting and the defendant paid all the invoices consecutively and paid the agreed 5% of the award value..
With the elements that form a contract I understand whether verbal or written. Their conduct makes them complicit of forming a contract
On all my company’s invoices is written ;
As agreed 5% payment on ongoing invoiced work carried out on behalf of the contracting company ( I have left the name out)
On one of the awards of 5% the defendant did some work at a property I own and deducted the following amount and asked me to invoice the rest
Invoices amounted to
3500 +vat
1078 + vat
=
2974 was billed for works carried out
The contract award was £150,000.00
In a witness statement to the court they are saying that the agreed figure was 3 % based on discretion.
Please someone could they tell me am I going mad and how they can stand in a court and say that this breaks the chain of causation?
My company’s claim is confirm that there is an existence of a contract for 5% and for damages an owed sum left on the contract that being £1881 plus interest @ 8%
My claim has to be enforceable on the above basis of what was damaged and the sum amount left to pay on the contract… right?
I am trying to establish a contract then once I have the Precedence then I can sort a winding up petition on the company without fear of incurring, a cost order in the Insolvency courts..
an obvious cheaper route …
An interesting case of greed and enrichment …
I can document where I tried to get the agreement in writing and signed.
The agreement was to get the company on to a preferred suppliers list and they would pay my company 5% of each tender they won.
They paid my company 5% of the tender award on 6 occasions
They then won two jobs both around 2M and say that the earlier payments where discretionary and have brought in the big gun lawyers. Below is a statement from their lawyer in a small claims action
Whilst the Defendant agrees that the Claimant helped to facilitate an introduction, the Defendant denies that there was ever any agreement between the parties that would establish an enforceable right to commission (both in relation to Shannon Grove and any other projects). The Defendant's position is that any payment that was discussed was always strictly on the basis that payments would be in the Defendant's sole discretion (to be exercised based on, for example, the profitability of the scheme). The Defendant points to other speculative claims made by the Claimant to support the notion that the Claimant's claim is opportunistic
I have a good handle on this but it was agreed in a meeting and the defendant paid all the invoices consecutively and paid the agreed 5% of the award value..
With the elements that form a contract I understand whether verbal or written. Their conduct makes them complicit of forming a contract
On all my company’s invoices is written ;
As agreed 5% payment on ongoing invoiced work carried out on behalf of the contracting company ( I have left the name out)
On one of the awards of 5% the defendant did some work at a property I own and deducted the following amount and asked me to invoice the rest
Invoices amounted to
3500 +vat
1078 + vat
=
2974 was billed for works carried out
The contract award was £150,000.00
In a witness statement to the court they are saying that the agreed figure was 3 % based on discretion.
Please someone could they tell me am I going mad and how they can stand in a court and say that this breaks the chain of causation?
My company’s claim is confirm that there is an existence of a contract for 5% and for damages an owed sum left on the contract that being £1881 plus interest @ 8%
My claim has to be enforceable on the above basis of what was damaged and the sum amount left to pay on the contract… right?
I am trying to establish a contract then once I have the Precedence then I can sort a winding up petition on the company without fear of incurring, a cost order in the Insolvency courts..
an obvious cheaper route …
An interesting case of greed and enrichment …
