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Cancelled Order, Legal Letter

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  • 31-07-2014 9:59am
    #1
    TallyRand
    Registered Users Posts: 222 ✭✭


    I've just received a legal letter from a French company who I placed an order with at a trade show in January, basically I found another supplier at a better price with more back up service.

    The French company have now sent me a legal letter (French Solicitor) stating that they will push for 75% of order value as a way of compensation, the trouble is I did sign a purchase order form at the trade show.

    This could potentially put me out of business, does anyone have experience in this area and might have an idea where I stand?


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    #2
    Victor
    Registered Users Posts: 78,427 ✭✭✭✭Victor


    Core will be why you cancelled and what notice you gave. Was this a custom item or the (ongoing) supply of stock items?


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    #3
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    If they have adhered to the terms of the legal contract that you entered into at the time, you are bound by them too! You could try to negotiate an exit by saying you may be unable to pay etc or even risk seeing if they go after you in default... a very risky option in my view and no way to do business. It was your poor research that caused the problem, if you cant negotiate it away.. just suck it up!!


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    #4
    Gloomtastic!
    Registered Users Posts: 8,485 ✭✭✭Gloomtastic!


    How long between placing the order and then cancelling it?


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    #5
    _Brian
    Registered Users Posts: 18,571 ✭✭✭✭_Brian


    Gloomtastic! wrote: »
    How long between placing the order and then cancelling it?

    I'm sure this, along with the factor of how customised the product is are the two major factors which will drive this firm to recover the cost from OP..

    If they have already committed materials and resources to a customised product then its time to pay up and move on..

    If its a generic product and you cancelled the order promptly then they may well be blowing smoke to see what happens.


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    #6
    whomitconcerns
    Registered Users Posts: 4,367 ✭✭✭whomitconcerns


    OP doesnt actually say he cancelled the original order at all.....If thats the case OP you will have to pay up...


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    #7
    TallyRand
    Registered Users Posts: 222 ✭✭TallyRand


    The order was placed in January, nothing custom made just items from their stock.
    Order was cancelled in June by email and a further email was sent in July to clarify our position. Delivery was due for early September.


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    #8
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,113 Mod ✭✭✭✭MarkR


    I think you should be seeking legal advise from professionals at this stage, as you said yourself, this could put you out of business.


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    #9
    whomitconcerns
    Registered Users Posts: 4,367 ✭✭✭whomitconcerns


    6 months almost later, but that might not matter. There was nothing in the contract about cancellation?


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    #10
    joeguevara
    Registered Users Posts: 8,074 ✭✭✭joeguevara


    Was there consideration after the contract i.e did you pay a deposit?


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    #11
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    Get legal advice.

    Blog | Tweets



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    #12
    pedroeibar1
    Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    I agree with Blacknight - comment is futile unless the Ts & Cs of what you signed are known. In any event, it is highly likely that a French exporter would be credit insured so your record will be blemished.


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    #13
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    This thread stinks!! OP says he ordered in January at a trade show for delivery in September then tries to tell us that it is all just standard stock product for his supplier. Sounds like complete BS to me. My guess is it is either fashion or more likely some late year seasonal product range out of Asia where the french guy collects all the orders and has them drop shipped or he takes in and breaks up containers out of his own warehouse and groupage ships to smaller buyers.
    Now he has done an "end around" as the yanks call it and found a way to get it cheaper by cutting out the French guy.

    My money is on that he has also ordered from the cheaper source, hoping that the Frenchies would just go away... now Merde and Fan have merged! It is not legal advice he needs, rather the kind of admonishment commonly found on GAA or Rugby pitches!


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    #14
    pedroeibar1
    Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    pedronomix wrote: »
    ....... now Merde and Fan have merged!


    La merde a frappé le ventilateur et ils ont fusionné!


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    #15
    buck65
    Closed Accounts Posts: 4,969 ✭✭✭buck65


    This country's commercial courts etc. are a joke with regards to business.

    I have sued debtors and got liens and judgements but that's all no one sees these things through.


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    #16
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    pedronomix wrote: »
    This thread stinks!!

    It may well do, but the question is, do we punish the OP for what he has done, and send him to purgatory for his sins, or do we present solutions on how to get himself out of the situation :cool:


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    #17
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    Very hard to know as he has been more than economical with actual detail surrounding the case and even more pointed and telling has not sought to refute or rebuke my "hard" post. Unlike you ElRifle but you are being a bit soft here!!


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    #18
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    pedronomix wrote: »
    Very hard to know as he has been more than economical with actual detail surrounding the case and even more pointed and telling has not sought to refute or rebuke my "hard" post. Unlike you ElRifle but you are being a bit soft here!!

    Lol your right, but Im in a good mood today :D


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