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County Court Judgement against someone


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I dont KNOW where to post this but I need some Help and I KNOW you bods will be able to point me in the right direction

 

Okay So I am a floral designer took on a client on 2005 end to supply flowers for his floral tea room at a local cemetary

I have mobile phone call texts recorded with evidence of requests to supply

BUT it was cash sales and they gave me no reciepts I have invoices

it was a verbal contract on an ad hoc basis when he needed them I supplyed them

I have invoices charged to me for flowers I have bought at market

He also had use for a full year sundries and equiptment with out the ususal hire charges

can i add this as evidence

he is denying he owes me 400 he thinks its nearer 200

so what legal basis do I have with a verbal contract in this instance

PM me asap this is urgent

 

thanks

 

Lin

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Your post has confused me?

 

You took on a client, and agreed to supply flowers to his tea room at a local cemetery?

 

You have text message with evidence of request to supply...what exactly?

 

What exactly was the cash sales for which you were they buyer (in order for them to get a reciept but for you to have invoices?)

 

How come you have invoices charged to you for flowers you have already bought?

 

He has had a full years use of...what exactly? Was there any agreement that he would hire now, pay later?

 

Very sketchy question, and doesn't appear to make sense to me?

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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okay I agreed to supply the chap with wrapped flowers, funeral tributes and wreaths and seasonal sundries for his tea room at the local cemetary

 

I have texts that ask him do you require more supplies and returns of Yes please

 

I have recipets and invoices from MY wholesalers when i bought flowers from market specifically for his needs

 

He has had a full years use of my equiptment and display items which mormally are hired out per week

The agreements were verbal and witnessed by his assistant and deliveries witnessed by his landlord and taken by his assistant

He is not disputing he owesme money but the amount

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In any of the texts etc did you mention how much the deliveries would be or do you have any paperwork at all mentioning how much you would be charging him?

 

If not, you're probably best getting a list of charges other companies would charge for the same services/products to prove your charges are valid/comparible.

 

Also does he owe for the whole year or part? Have you any kind of receipt of delivery for how much of a given product you gave to him?

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i'm going to post your private message here, purely because it will help others to help you:

 

I have a small warehouse dealing mainly with silk displays and floral sundries Art and Craft supplies and evening tution classes

I offer fresh flowers for specific and to personal orders only I dont retail them to the general public as part of my usual stock

In Late October of 2005 I was approached by moderator edit his assistant, who visited me at my business address - to supply them on a regular basis with sleeved flower bouquets and also funeral wreaths on request, for them to resell at his New business - a tea room at the local Carleton cemetary near Blackpool

 

I informed him of my fresh flower capabilities

as stated above

and the fact that my unit does not have a cold room for long term storage.

I quoted a minimum starting price but stated the price would vary in accordance with the flowers seasonality and market prices

Once he took delivery he was responsible for the flowers their condition and resell

I DID not offer a sale or return policy with the small margins I was working on for him.

 

This he agreed to and we shook hands

 

I also provided him with a selection of silk tributes, silk floral displays, greeting cards. sympathy cards and other sundries ip until july

He became very fickle in his ordering sometimes demanding instant delivery and then not being there to accept delivery and pay me.

 

He admitted to me he had hit financial difficulties with his lease and community charges I allowed him extra time to pay me but he had not given me anything even after I had made several visits and phone calls

The last occasion I went to see him was just before Christmas. He became verbally violent and I called the police = who warned him of his conduct

He is NOT disputing that he owes me but the amount

I have reciepts from my suppliers specifically for the purchase of flowers for his requirements

It was a cash agreement His assistant was supposed to pay me on delivery and it turned out she would defer the decison to edited

In the end I could not sustain the non payment and refused to deliver unless I had some form of settlement

He told me he didnt have the cash yet I have personally seen new equiptment and stock in his premises

 

I have dated text messages asking for his needs and if he required suppiles and replies of yes please

 

I did not charge him for the hire of the sundries but they were returned in poor quality.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Legally, agreements and contracts can be verbal or written - both are as enforeceable as the other. However, disputes are common and written agreements are sometimes the only way of proving that something was agreed from the start or within the prescribed term.

 

The trouble here is that the other party is not disputing the debt - but only the amount, which (again) is very common. You need to imagine this case in a court - you, him and a judge. The judge knows nothing at all, and so it is up to each party to plead their case, along with forms of evidence. So if you were in a courtroom, and you said that the other party owed you £400, how would you go about proving the cost? You could so with bills, invoices and evidence to show how much you are out of pocket - this would be your damages (technically, liquidated damages). Next, you need to show that it was agreed that this is the amount which formed an express term of the contract - i.e. that he was aware that he would have to pay for certain items, the value of which you would have evidenced in the step previously.

 

If you can evidence that he had goods and services for which you have received no consideration for, then yes you can sue him for damages.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Yes it certainly would.

 

I think the answers have been dealt with quite well.

Its a Thorny issue......trying to come out of this smelling of roses could be complex,however to stem the tide of their defence you will need to be solid in yours.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes it certainly would.

 

I think the answers have been dealt with quite well.

Its a Thorny issue......trying to come out of this smelling of roses could be complex,however to stem the tide of their defence you will need to be solid in yours.

 

 

smelling of roses

 

however to stem the tide

 

 

Surly an appology for the Pun is in order

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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