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  1. There is no liquidated damage clause in my agreement.
  2. There is no such clause in my agreement "If the Agreement is terminated following default by the franchisee then the franchisor shall be entitled to claim xxxxx (whatever it is)". The claimant is claiming repudiatary damages as per my solicitor's viewpoint. This is due to the effect that i did not fulfill the agreement to its potential. I started work in employment and so was not able to perform the business to its full potential. Please read the attached Claim form in this thread that was posted on 12th june. Please advise/Help. My solicitor has suggested to put forward a part 36 offer with the defence?. what if they refuse this offer?. where do i stand?
  3. My counsel/barrister has drafted a defence. He has suggested a part 36 offer to be made with the defence. There is no mention of penalty clauses or liquidated damages in the franchise agreement so he has not taken that into account. I am confused what to do. Should I make part 36 offer.? And if so, then what is the reasonable offer.? He has given me option to counter claim but i am of limited financial means, I do not wish to go to trial, cos its gonna get messy and v v expensive for me.Whats my final straw in the hat?. How can i end this mess? PLEASE ADVISE/HELP
  4. what clauses in the franchise agreement make it liable for a franchisee to pay damages to franchisor if the franchise business is closed down before expiry of agreement.? are these terms unfair? Please advise.
  5. I need help with this case. the solicitor fees are mounting!!!!
  6. A franchisor has taken me to County Court Claiming Expectation losses. I.e - losses they have incurred due to breach of contract and under performance by a franchisee. They have claimed an extravagant amount in damages, asking to pay up amounts for balance of the agreement term. the franchisee closed the business after 6 months in operation and the term signed was for 10 years. Please help or advise how the franchisee can defend his case.
  7. Thanks v much, NICklea, you have been very helpful, I shall pass it on to my solicitor. Also can i send u the copy of the defence once its drafted. I want to nail this aggresive and deceitful company. Its my hard earned money they are playing with and scaring me off. Any more info u can give be appreciated. My defence has to be in by 28th june.
  8. Thanks a lot for the effort you have u have put for me. I have appointed a counsel to put forward a defence.Should I give him a print out of this article or wait for his draft of defence and give him then. The franchisor (Claimant) is a BFA full member. Should i write to them as well.?
  9. please refer to attached files- particulars of claim, please advise. I have appointed a counsel. AR-M300_20080612_110515.pdf AR-M300_20080612_110534.pdf AR-M300_20080612_110559.pdf
  10. I lost motivation and confidence in running this business. they help me in initial stages, but then left me on me own. No, i did not seek legal advise They missed my first payment to my bank account and got 2nd one wrong amount.
  11. i bought a franchise last year for 14k. the agreement was for 10 years. I closed the business after 6 months.the franchise agreement stipulates paying the franchise management service charge of 15% on gross sales. The termination clause does not allow for franchisee to terminate agreement. Now they are asking myself for damages, i.e, money they have lost over the balance of term, 9 and half years. They are projecting/forecast damages in tens of thousands. Is this justifiable. They have taken me to County Court Claim over this? please help.
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