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Breach of Contract

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    #61
    Originally posted by fzbucks View Post
    I'd seen that nugget of information on here before, probably posted by your goodself, and was going to save it for if they actually took me to court - quite fancy it actually - obviously only if I win though
    In all cases get professional legal advice as I am not a lawyer. However IMHO a 5 year old could win this case as it is open and shut. The regulations are very clear and the agency can stick its fingers in its ears and scream "I'M NOT LISTENING" as much as they like, but in a court of law they will still loose.

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      #62
      Originally posted by Ardesco View Post
      In all cases get professional legal advice as I am not a lawyer. However IMHO a 5 year old could win this case as it is open and shut. The regulations are very clear and the agency can stick its fingers in its ears and scream "I'M NOT LISTENING" as much as they like, but in a court of law they will still loose.
      and presumably if it went to court and they lost they would have to pay my legal fees and costs?

      I am going to get legal advice in the event of it going any further - as it stands I have not received anything from them in the last couple of weeks so am just expecting court papers or whatever arrives in the post in the event of it going to court.

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        #63
        If they want under £5000 it will go to small claims court. I don't think you can claim much back when going to small claims court.

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          #64
          Originally posted by Ardesco View Post
          If they want under £5000 it will go to small claims court. I don't think you can claim much back when going to small claims court.
          on their letter they said they were taking it to county court and a resulting CCJ would result in me finding it difficult to obtain a mortgage and credit in the future.

          It was those words which made me believe the whole letter was to just scare me into opening my wallet for them.

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            #65
            If they are taking your company to court it shouldn't really affect your personal finances (that is why we run through Limited Liability Companies).

            It sounds like they are trying to hold you personally responsible, rather than your company. You may want to check the wording on your contract and see if they can do this, they should not be able to.

            Overall it sounds like a bit of a sham.

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