Premature Legal Action ?

Discussion in 'Legal' started by alz0r, Jul 16, 2019.

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  1. alz0r

    alz0r UKBF Newcomer

    31 4
    Hi All,

    We were dealing with a supplier who ended up selling us lots of faulty goods which ended up costing us more than the goods' worth in consequential costs (which is another matter).

    They are chasing for payment for the goods but there are still some faulty items they haven't collected and refunded us for (they keep sending drivers round to collect with the wrong collection notes so we have refused to release the goods as they don't match up to what they should be collecting).

    We've now had a letter from their solicitors demanding payment.

    Can anyone guide me on what our next move should be?
    Posted: Jul 16, 2019 By: alz0r Member since: Apr 1, 2012
  2. strikingedge

    strikingedge UKBF Ace

    462 112
    A letter from a solicitor isn't legal action - see it more as an attempt to get your attention.

    While I sympathise with you having to deal with faulty goods, they've attempted to pick up the goods on more than one occasion and you've refused to release them.

    I can see why the supplier might feel mucked around.

    Could I suggest sending them back the goods you don't want and paying the balance?

    One more suggestion - pick up the phone to the supplier or pop round and see them if feasible - as a business you rely on good relationships with your suppliers and face to face is a lot better than emails.

    It is often easier to sort out an issue like this via an ongoing relationship and good will, rather than resorting to the terms of the contract.
    Posted: Jul 16, 2019 By: strikingedge Member since: Jan 25, 2009
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  3. alz0r

    alz0r UKBF Newcomer

    31 4
    Thank you for the reply.

    For clarity - they are maliciously incompetent.

    They knowingly sold and send us faulty items on multiple occasions which has resulted in us suffering over £4000 in consequential costs. We have evidence to support this.

    They have collected items that they have failed to credit us.

    They then send round drivers with the wrong collection notes so we have no confidence in that the items that they collect will be correctly credited).

    They need to collect and correctly refund the rest of the gear before we can even discuss the remaining balance.

    Just wondered what the correct way of telling that is!
    Posted: Jul 16, 2019 By: alz0r Member since: Apr 1, 2012
  4. TheoNe

    TheoNe UKBF Contributor

    135 15
    The quickest way of getting your head around this would be to seek the advice of a Solicitor. You should also show them the letter you received. It sounds like you could have a case yourself. I wish you luck with it.
    Posted: Jul 16, 2019 By: TheoNe Member since: Jul 6, 2019
  5. alz0r

    alz0r UKBF Newcomer

    31 4
    Agreed thank you we're meeting one tomorrow
    Posted: Jul 16, 2019 By: alz0r Member since: Apr 1, 2012
  6. The Resolver

    The Resolver Full Member

    3,356 1,151
    Nowadays court procedures require the parties to attempt to resolve out of court.So before you get sucked into court costs and delay you might like to examine some of the new technology assisted processes which I am involved with. Your case seems very appropriate for use of Smartsettle Infinity. See the article here and I especially draw your attention to the paragraph headed "Smartsettle Infinity" which could be adapted to your dispute . The final image is a configuration I designed for supply chain disputes.

    I would very much like to make this available for your dispute and can do so without charge. I imagine you may think the suppliers will not wish to participate but it would be for me to explain how it will be to their benefit to attempt to resolve in this manner. PM me if you have any questions.
    Posted: Jul 16, 2019 By: The Resolver Member since: Mar 31, 2006
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