Commercial agreement

[bobogosing]

Hi!

Hope someone can give me advise or help me with a template for this problem.

I am helping a friend to sort out a commercial coffee machine contract for her restaurant.

What has happen is, my friend was approached by a rep that sells coffee beans and they provide the coffee machine free of charge to use monthly as long my friend orders the coffee bean from this rep's company.
The original terms the rep offered was for 24 months and my friend said its too long and not interested. Then the rep said he can change it to 12 months. So, my friend agreed to take on the 12 month contract. That was 6 months ago.

The restaurant is now sold and that was in August 2016. My friend requested the agreement she signed for the coffee contract as she wanted to know how much she owes. And the downfall is she cannot find the original copy she had.
They did sent her something but its not the contract she signed, plus the term remaining is 30 months :O (please see attached)
Also, the restaurant was trading as a LTD Company.

Here's the questions:

1. Can someone help with a template to request for the original agreement please?

2. Being a LTD Company and now its has ceased trading, will my friend still need to continue the payments?

Thank you in advance for all advises.

bobo xx

[bobogosing]

Re: Commercial agreement

bump

[PlanB]

Re: Commercial agreement

a commercial coffee machine contract for her restaurant.

. . . . my friend agreed to take on the 12 month contract.

The restaurant is now sold

They did sent her something but its not the contract she signed, plus the term remaining is 30 months :O (please see attached)
Also, the restaurant was trading as a LTD Company.

Here's the questions:

1. Can someone help with a template to request for the original agreement please?

2. Being a LTD Company and now its has ceased trading, will my friend still need to continue the payments?

The answer to your questions is going to be questions for you to get your friend to answer.

The only thing I can say for sure is there won't be a template letter to resolve this issue.

Are you saying that the restaurant 'ownership' (a lease?) was in your friend's own name or in the name of a limited company which she was a Director of (I think that's what you are saying but need to check)?

Was this coffee machine contract in her name or in the company's name?

You say that company has ceased trading, does that mean it's been struck off or gone into liquidation or what is the current status of that company and/or any other possible/potential creditors?

When the restaurant was sold was there anything in the 'sale documents' which provided for existing business contracts to be assigned to the buyer?

Did the original contract allow for the contract to be assigned?

And most importantly where is the coffee machine now? Was it collected by the supplier when the restaurant was sold? Or is the new owner of the restaurant using it?

More info needed

Plan B x

[bobogosing]

Re: Commercial agreement

The answer to your questions is going to be questions for you to get your friend to answer.

The only thing I can say for sure is there won't be a template letter to resolve this issue.

Are you saying that the restaurant 'ownership' (a lease?) was in your friend's own name or in the name of a limited company which she was a Director of (I think that's what you are saying but need to check)?

Was this coffee machine contract in her name or in the company's name?

You say that company has ceased trading, does that mean it's been struck off or gone into liquidation or what is the current status of that company and/or any other possible/potential creditors?

When the restaurant was sold was there anything in the 'sale documents' which provided for existing business contracts to be assigned to the buyer?

Did the original contract allow for the contract to be assigned?

And most importantly where is the coffee machine now? Was it collected by the supplier when the restaurant was sold? Or is the new owner of the restaurant using it?

More info needed

Plan B x

Hi PlanB! Thank you for looking into this

Are you saying that the restaurant 'ownership' (a lease?) was in your friend's own name or in the name of a limited company which she was a Director of (I think that's what you are saying but need to check)? Yes, the restaurant was a leasehold. Trading as Yantung Ltd Company. My friend was the Director. The restaurant was sold in August 2016.

Was this coffee machine contract in her name or in the company's name? The coffee machine agreement is in Yantung Ltd

You say that company has ceased trading, does that mean it's been struck off or gone into liquidation or what is the current status of that company and/or any other possible/potential creditor? The restaurant was sold. therefore it stopped trading and the accountant is finalising the accounts.

When the restaurant was sold was there anything in the 'sale documents' which provided for existing business contracts to be assigned to the buyer? No, its not assigned to the new owners of the restaurant

Did the original contract allow for the contract to be assigned? She cannot remember and the rep did not mention anything of this sort

And most importantly where is the coffee machine now? Was it collected by the supplier when the restaurant was sold? Or is the new owner of the restaurant using it? The coffee machine is not being used. Its still at the restaurant in the storage room



Hopefully all questions answered

bobo xx

[Pixie]

Re: Commercial agreement

Hi bobo, I've moved your thread to the "General Debt Matters" section of the forum.

[PlanB]

Re: Commercial agreement

My friend requested the agreement she signed for the coffee contract as she wanted to know how much she owes. And the downfall is she cannot find the original copy she had.
They did sent her something but its not the contract she signed

According to Companies House your friend's company is due to be struck off on 26th September (next Monday) so they would have to chase her as a Director after that which is highly unlikely to happen.

She needs to ask them for a copy of the contract including the Ts & Cs first. I wouldn't write to them again unless they write to her with legal threats (which I doubt).

Returning the coffee machine would have helped. Could she still do that if necessary?

Plan B x

[bobogosing]

Re: Commercial agreement

According to Companies House your friend's company is due to be struck off on 26th September (next Monday) so they would have to chase her as a Director after that which is highly unlikely to happen.

She needs to ask them for a copy of the contract including the Ts & Cs first. I wouldn't write to them again unless they write to her with legal threats (which I doubt).

Returning the coffee machine would have helped. Could she still do that if necessary?

Plan B x

Hi Plan B! Thank you for reply. Yes, the coffee is available to collect. I have told my friend not to do anything until they writes to her or request further payments. bobo xx

[bobogosing]

Re: Commercial agreement

Hello All!

Just out of curiosity with defaults.

I have found a default notice for mint credit card. On the letter it says "Date of this notice: 27th November 2010" but yet on credit file its showing default date is 20/01/2011.

My question is.....how come the default date is showing later on credit file? Can anyone help please?

bobo xx

[Never-In-Doubt]

Re: Commercial agreement

A CRA default is not the same as a CCA default

Explained here -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[bobogosing]

Re: Commercial agreement

According to Companies House your friend's company is due to be struck off on 26th September (next Monday) so they would have to chase her as a Director after that which is highly unlikely to happen.

She needs to ask them for a copy of the contract including the Ts & Cs first. I wouldn't write to them again unless they write to her with legal threats (which I doubt).

Returning the coffee machine would have helped. Could she still do that if necessary?

Plan B x

Hi Plan B! My friend have now received Default Notice, Please see attached.

Please correct me if I am wrong. I am planning to send an agreement request as you suggested in previous post.

What my main worry is. I have noticed ".....any guarantor to the Agreement"
I have asked my friend about it and she cannot remember if she signed as a personal guarantor :O

Only way to find out is requesting the original agreement ..... right?

I am going to email "1pm " on my friends behalf as she is stress with worry and do not know how to handle this situation. Not that I know either....lol! Relying on you guys here

But any advise would highly be appreciated.

Thank you in advance.

bobo xx

[bobogosing]

Re: Commercial agreement

Bump

[Never-In-Doubt]

Re: Commercial agreement

I'm unsure why you've posted documents here. Your friend needs to request copies of the contract. If you are on about emailing the request you need to do it as her using her email.

It is not a s.77-79 request nor a SAR (as it was a business) - so just request a copy of the contract.

[bobogosing]

Re: Commercial agreement

I'm unsure why you've posted documents here. Your friend needs to request copies of the contract. If you are on about emailing the request you need to do it as her using her email.

It is not a s.77-79 request nor a SAR (as it was a business) - so just request a copy of the contract.

Sorry Niddy! Just wanted advise. bobo xx