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Wow this is severley disapointing.

 

Than you for your advice but I will proceed to further action mainly due to the fact that they knowingly falsefied records of delivering equipment which to this day has never arrived. Despite my signature on the reciept the fact they claimed they delivered all equipment on the same day I signed and faxed the document at 4pm surely gives me bases to take them to court?

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Well as I have already said, we are very happy to support you – but only on the basis that there is a reasonable chance of success. At the moment I don't really see any chance of success because I don't see that you have a particular cause of action.

However I suggested to you that you send off an SAR and that might eventually produce some information that might give you a better toehold.

You say that there was some fraud – which in civil law would normally be called misrepresentation – possibly fraudulent misrepresentation. You need to be very careful with these kind of allegations in court. The courts have a very high bar in terms of proof and once again you would need to show that the misrepresentation is the direct cause of your foreseeable loss.

I certainly do think that having taken on staff to use the extra equipment would have involved certain expenses and that might just be recoverable because it will be reasonable to say that you acted in reliance on future comms carrying out their contractual obligation. However I would want to see proper evidence before going forward and therefore I would want to see the result of an SAR


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I have proof from my end of time stamp that I faxed over the documents to future comms for the telephony contract, the emails to Tom akcnowleging that they didnt deliver the equipment, the emails when the equipment was delivered.

 

And the documented proof Future Comms sent to Peac finance falsifying the delivery date.

 

I will also send a subject access request now also to them.

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Come back when the SAR has been satisfied - or if isn't and then we can decide what further action to take.

One thing you need to realise is that as you are effectively a business and you are selling another business if there is a hearing then it will be in the future comms local court and that means that you will be you who has to go to the trouble of going down there. It could be double one hearing that there could be additional hearings, case management meetings et cetera. In principle you would have to attend everyone. This just adds to the burden and the cost of the action. You need to take this into account.


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