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happygolucky2

Disputing an agreement

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Hi folks

 

Hopefully I've come to the right place but if not I apologise for any inconvenience and would appreciate being pointed in the right direction...

 

We compete in a motorsports discipline which is an expensive passtime whichever way you look at it and as a privately, (without commercial backers), family run and funded team, we are constantly looking for help with funding.

We put together different supporters packages and in return for donations we would send out t-shirts, caps etc. the packages differ depending on the amount of the donation.

We would also offer a pair of tickets to an event, the recipients of the tickets determined by drawing a name out of a hat.

 

It was through the above innitiative we met a couple of supporters back in 2009 and over the years their contributions to our racing costs increased substantially and over the same period we became friends and met for meals etc.

 

It is rather difficult to promote an individual as you would a company where the individual is more of a benefactor helping you to achieve your goal rather than a company trying to promote brand awareness, for example.

 

In return for the funding, we gave the individuals a patch on racers' race suit, came up with a name for them and placed the logo on the racing vehicle and also entered our team under their logo so that they appeared on all timing sheets, official programmes etc. The racer thanked them publicly on television when being interviewed and we gave them access to our team no general member of the public would get. We placed their logo on our website and gave them unrestricted access to the racing paddock.

As sponsors/members of our team they recieved privilleges reserved for team members such as parking of their motorhome in competitors area's which has all the fascillities for bathing/toilets/ electicity etc. as apposed to camping in the public campsite. (Which has no fascilities) They attended awards ceremonies as our guests and we gave them our rider's winners' trophy and personally autographed framed action photo's.

 

We then joined a bigger professionally run team and as always, these two individuals were given access to all area's within this team and new friendships were made. At a point in the season we became disallusioned with the this team for various reasons and decided to leave. At this point the two individuals ceased all communications with us but maintained their relationship with the team we left.

That was a blow as we had effectively lost our main sponsors as well as two people we had come to consider our friends. However, it happens and we accepted and respected their choice.

 

We missed a few races while we assembled our old team and secured the backing of a company, (two in fact), which was a first for us and then returned to the paddock to complete the series.

 

We have subsequently had a letter from the two individuals listing several items that were given to us over the years, each with a monetary value attached, as well as a claim for an amount of money which has been described as a loan which we had all agreed would be paid back in due course.

 

There was never any loan or agreement in terms of the money given to us and the items listed were given to us, most of them came as a complete surprise and weren't even asked for in the first place. They have not asked for the return of these items but that we pay for them.

 

Their letter goes on to say that if we dont pay up then they will either take us to a small claims court or serve us with a writ.

 

What happens now? We are talking several thousands of £'s. Also, am I entitled to put a value to the privilages afforded to them over the years?

 

Any advice appreciated.

 

Thanks

Edited by happygolucky2

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Hello there, welcome to CAG.

 

Did you ever have any form of agreement in relation to these items, either verbal or in writing? Also, were these items given to you 'in the course of business'?

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Hello there, welcome to CAG.

 

Did you ever have any form of agreement in relation to these items, either verbal or in writing? Also, were these items given to you 'in the course of business'?

 

Thanks for the reply and the welcome..

 

There was no agreement either in writing or verbal,(although they claim that there was), the racing is more a hobby than a "bussiness". All were given to us over the years to help the team in some way and others were parts required for the vehicle, some items we still have and others not.

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If there was no agreement then these items would be taken to be gifts to the team, and I am sur a judge would see it that way.

Did you at any point acknowledge receipt of these and in what way, ( i.e. thank you for the part/gift it will help the team as a sponsor etc.) comment on the value or suggest that you would repay the cost at some time in the future?

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