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Thread: Need Help Please

  1. #1
    Full Member spennny's Avatar
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    Default Need Help Please

    Following on from the Apple product thread i need some help and guidance guys as its starting to not only get personal but could get a bit messy , i am trying to do everything correctly and sent him my letter of intent advising him that i would raise the civil on Wed 16th jan 2013, today i received a letter stating he advised he was acting as an agent, however after reading the Law of Agency - Legal Duties Of An Agent i am about to reply with the below letter but need to know if i should or shouldnt , or just go straight into the civil actions.




    With regards to your letter dated 14th Jan 2013 where you have advised that you have acted merely as an “agent” on behalf of Kirsty Cox, I would like to highlight at no time in the 8 months dealings with yourself had you advised on any invoices, or emails that you were infact an agent.

    I would like to point out that in the email dated from you on Nov 09th 2013 where I have asked for supplier invoices you have stated that you Simon Anderson Consultancy were indeed the supplier and giving me your contact details as I requested.

    Please see the following statement from the Law Of Agency – Legal Duties Of An Agent

    Where the agent enters into a contract without revealing the existence of a principal the agent is regarded in law as contracting personally17. To avoid any doubt the words "for and on behalf of" should be used where the agent enters into a contract on the principal's behalf.

    Again I would like to emphasis at no time, or on any correspondence with yourself had you in fact disclosed the above.

    As you know that an “agent” works of commission. I would also like to point out the below

    · On 19th July 2012 you asked me to transfer monies into “your” business account
    · We do have substantial evidence that showed you dictated the prices therefore classed as a reseller/retailer and not an agent and not working on commission

    I now revert back to my original letter of intent where that if had I not received a suitable reply and or mediation from yourself from 04th Jan giving you 7 working days which terminated on 15th Jan 2013 , I will however be prepared to allow 5 more working days for you to respond to this letter, or I will launch civil proceedings without further notice.

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    Ignore his letter, raise the civil action and use the information that you have found about acting as an agent if it gets brought up at the civil action.
    "We are not some sort of dictatorship!"


  3. #3
    Regular Member Tadpole's Avatar
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    Quote Originally Posted by spennny View Post
    ...


    I would like to point out that in the email dated from you on Nov 09th 2013 where I have asked for supplier invoices you have stated that you Simon Anderson Consultancy were indeed the supplier and giving me your contact details as I requested.

    ...
    Should it be 2012 ....................

  4. #4
    Full Member spennny's Avatar
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    Quote Originally Posted by Tadpole View Post

    Should it be 2012 ....................
    Yeah I picked up on that earlier Tadders
    When I read it back for the 5th time

    Sent from my iPhone 4s using Forum Runner

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