Misrepresentation in "selling" a contract? Misrepresentation in "selling" a contract? - Page 12
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  1. #111

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    Quote Originally Posted by WTFH View Post
    I spent some time composing my post, during which you changed your mind and wrote several others.

    I've now spent some of my valuable time going through and deleting a couple of posts and editing others.

    Now, hopefully you'll take the advice given - the only people you had a contract with was the agent. The only one worth pursuing is the agent.

    Going after the end client "on behalf of" the agent - you'll find that the agent is keener to keep the client than to keep you.
    Ok, I see this point and it's pretty constructive. I expect that it will be one of the complexities. But the lawyer was briefed on this and was of the opinion that the liability is clearly with the end client and that the law allows me to take action directly upon them as the people who have caused the damage. The agent doesn't need to be involved. Liability doesn't need a contract - there just happen to be a lot of them around in this context; none of which has any real bearing on the case.

    Hopefully we won't need to find out - but that's the advice I've been given, anyway.

  2. #112

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    That advice seems to be littered with might, may, could and many other wooly statements that do nothing more than entice you in to putting your hand in your pocket. If you pay up, they look at it and say, you've little chance of winning don't bother, are you going to sue them for selling you a duffer?
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  3. #113

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    Quote Originally Posted by northernladuk View Post
    That advice seems to be littered with might, may, could and many other wooly statements that do nothing more than entice you in to putting your hand in your pocket. If you pay up, they look at it and say, you've little chance of winning don't bother, are you going to sue them for selling you a duffer?
    No. He might sue his own LTD....

    This thread has now looped in on itself.
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  4. #114

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    Quote Originally Posted by Lance View Post
    No. He might sue his own LTD....

    This thread has now looped in on itself.
    looped in? - it's thrashing mate.

    there'll be a page fault soon.

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  5. #115

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    Quote Originally Posted by Whumpie View Post
    Liability doesn't need a contract - there just happen to be a lot of them around in this context; none of which has any real bearing on the case.
    Has a solicitor given you in writing a document which says "none of the contracts have any real bearing on the case", or is that your opinion?
    Have you shared all the documentation you have with the solicitor and responded to the myriad of questions they will have had from studying them?
    Have you written to your agent with your complaint and have they responded in writing?

    A couple of tips:
    If you end up having to ask multiple solicitors to get an answer close to what you are looking for, then it's not particularly viable, and the one who may give you a positive response either doesn't have many of the facts or will have worded their response so carefully that you think it says one thing when it really doesn't.
    If you are using a solicitor who is "no win, no fee", or is charging you a low rate (under £200 per hour) but with a high completion fee, then you may want to look elsewhere. When push comes to shove, the client will have access to solicitors as well, and then it won't be pretty.
    If your case goes all the way to court and you do not win, or you reject an offer made by the client, then you will most likely be liable for their legal costs as well as yours.
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  6. #116

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    Quote Originally Posted by Lance View Post
    No. He might sue his own LTD....
    That's how the revised HMRC compliant QC recommended Oude Joris Max 120 scheme works, but via the Dutch Antilles legal system. Every time an invoice is paid to the Ltd, then you sue your Ltd which settles for damages out of court.
    Quote Originally Posted by Bean
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    25 June 2018

  7. #117

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    Quote Originally Posted by Old Greg View Post
    That's how the revised HMRC compliant QC recommended Oude Joris Max 120 scheme works, but via the Dutch Antilles legal system. Every time an invoice is paid to the Ltd, then you sue your Ltd which settles for damages out of court.
    Plus, for the 2019-20 tax year only, each settlement comes with a free bottle of Oude Joris Max 120 IPA, which can be doubly expensed and fully qualifies for the VAT Retail Export Scheme.

  8. #118

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    Quote Originally Posted by jamesbrown View Post
    Plus, for the 2019-20 tax year only, each settlement comes with a free bottle of Oude Joris Max 120 IPA, which can be doubly expensed and fully qualifies for the VAT Retail Carousel Scheme.
    FTFY
    Quote Originally Posted by Bean
    I admit that I'm a lazy lying cretin, but so what?
    25 June 2018

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