I go in December. It's about several mobile phones that were ordered in my/companies name by an ex employer.
A contract was to end, but he renewed it and added phones for his girlfriend etc in my name for three years. They want several thousand for terminating the contract.
Do I just turn up and say my bit and prey.
stand tall, talk slowly, say your bit, presumably there is signature evidence etc?
That sucks 🙁 Hope it turns out ok.
Surely they can tell from the bills etc who has been using the phones.
That sounds like a job for a lawyer.
Never seen the contract, when I asked they only had the original one from 2006. My ex employee renewed it with an 'e' signature.
No bills, I stopped their use when I found out what he had done.
This is purely to pay for loss of business they would have had. Roughly 2K.
Their claim is that he acted on my behalf. My counter claim is that I knew nothing about it and was never asked to confirm the transaction. And that when I found out I was told tough basically. I was never offered a cooling off period, though I don't know if I should have been?
My own mobile and number has been with my business since day one, with another company.
I would speak to a lawyer but it sounds like they are bullsh!tting, I mean how could they possibly know that your employee has the/your authority to order the phones.
Sounds like fraud on ex employers part have police been involved or is it civil court? Either way I would get a solicitor.
It's tough the hearing is so short. This ex employee was my main man so had access to everything.
This phone contract I had in 2006 is one where you have to say you want to terminate it at the due date.
I've not met my guy since face to face, but an email from him claims he renewed it in his new companies name.
Carl - do you mean that the phone company is taking you to court for breaking a contract, or that you are suing your ex-employee for fraud?
And if the former, if 3 I can probably help you here
I don't know the full details but my brothers ex did the same to him when they split, renewed contracts on 3 phones with Orange. He had to pay in the end to terminate the contracts. He didn't go to the police as he decided it was easier to lose the money. He is very lax though and I'm not sure how thoroughly he went into it or whether he decided to pay rather than pursue through the legal process - there was a kid involved (another complicated story!)
I'd at least go to the local CItizens Advice, I'm sure you won't be liable as he acted on your behalf without consent.
If you don't want to pay the claim plus costs then get a lawyer. From personal experience if you walk into court without representation you will be ripped apart and it is a horrible experience.
Go to court tooled up with a lawyer and you're less likely to get reamed.
Is this small claims court? It sounds complicated as there is a third person involved, in which case, they may throw it out and ask you to go a proper court (i think??).
I've been to small claims court. The judge basically listens to both sides, looks at your evidence, then you leave while he considers his verdict. Its informal and the judge realises you're not an expert lawyer so will ask questions and things to find out the details. A lawyer is unnecessary in the sort of cases dealt with in small claims court.
Have you seen "judge judy"? its basically like that.
b r the phone company is taking me to court for breaking the contract.
Problem is I didn't renew the contract, my ex employee did.
He wasn't working for me, no PAYE etc.
You've all got me worried now. I thought I was on safe ground.
Edit; I should say without my consent, why would I give it? plus the other phones were for his family I think, one was for his girlfriend I know because she returned it out of embarrassment.
Horatio, thats what I was told but we ended up in the small claims court being grilled by a barrister 🙁
Oldgit, do you have any legal cover on your home/contents insurance ?
Oldgit, do you have any legal cover on your home/contents insurance ?
Worth a check.
What a rubbish year. The joys of being self employed.
dropoff really?? crikey. It was nothing like that with my case. what happened?
This is the only thing I have from the guy that did it, how would you read this.?
No, as i recall myself and Lisa were stood at the front desk and i shouted back to you, "can i sign, can i sign etc, in my usual winding up way. You said check the details etc etc and i returned the email as it had been sent to your email, not mine. She then went off to her police driving course all happy. As you know anything connected to her, i remember every detail, as she was hassleing me to get things sorted. Remember the car?????? "get me this get me that, it's got to have this, it's got to have that.
What a week to give up sniffing glue 😐
If you end up on G wing in HMP W......., I'll get you a job as a cleaner.
Don't go in a suit you'll look guilty straight away.
HH, we lost alot (for us) of money and self esteem. Not a nice experience. I would almost advise sending your representative and not going yourself.
Before you go to court..........Find a good solicitor. Easier said than done. Run it by them and find out what rules apply in your case and what the likely outcome will be in your case. act on that.
Or just turn up and do the earnest, humble but aggrieved ....and politely very insistant (otherwise they will probably steamroller you because judges can be arrogant sons and daughters of bitches)....type citizen bit.
Been to a couple of these when I had my own business.
First one we thought we had such an airtight case we didn't hire a solicitor and got thoroughly shafted. Second one we were on distinctly dodgy ground and hired a barrister and came away several thousand better off (even with his £350 per hour fee...and that was quite a few years ago!)
As above advice - [b]get a solicitor[/b]
I wouldn't be rushing to present that in your defence! It reads to me that you were aware of the potential contract, and authorised him to check the details on your behalf and make the decision. You also seemed to give him access to your email - which is hardly going to stand in your "defence" that he had no authority.This is the only thing I have from the guy that did it, how would you read this.?No, as i recall myself and Lisa were stood at the front desk and i shouted back to you, "can i sign, can i sign etc, in my usual winding up way. You said check the details etc etc and i returned the email as it had been sent to your email, not mine. She then went off to her police driving course all happy. As you know anything connected to her, i remember every detail, as she was hassleing me to get things sorted. Remember the car?????? "get me this get me that, it's got to have this, it's got to have that.
As well as checking your house insurance, if you are a member of the FSB or IoD then I think they both provide free legal advice.
Free legal advice is very much of the 'you get what you pays for' variety, IME.
Without going into the detail (it was complex!), I was being 'threatened' by a north-eastern trading standards authority on behalf of a client thrice removed. (Told you it was complex!)
I immediately called the FSB hotline and was told I didn't have a leg to stand on, that I should not only capitulate but that I should lay on my back, supine,and submit to whatever happens next.
My next call was to my local trading standards authority. Their advice was 'Tell them to go **** themselves!'
Which I did. Still got no feedback from it!
Turn up early and take a book with you. IME you dont get a specific time for your appearance, more a first come first served basis so you could be waiting a while to go in.
Hope it turns out well for you 🙂