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Outstanding Liabilities - Post Breach of Contract



 
 
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  #1  
Old August 3rd 08, 11:21 AM
SAPFanSTFC SAPFanSTFC is offline
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First recorded activity at LegalBanter: Aug 2008
Posts: 2
Unhappy Outstanding Liabilities - Post Breach of Contract

Hopefully someone can assist with some useful advice or guidelines that may be of assistance to me.
Following breach of contract am I still owed monies outstanding....& are the original payment terms still applicable? Overdue (Due Jul 1st) - £8,354.27 Due 1st Aug - £ 11,213.50 plus future due amount £ 4,751.
I'm a contractor who until 25th July been operating through an agency. All year the agency continually missed their contracted payment dates but caught up ground eventually following a lot of pushing & reminding them I am not a bank. I was made aware of some financial issues impacting on the company earlier in the year, but they promised this was now history.
As a result we agreed on a weekly payment & an extended monthly payment date to cover any reconciliation delays/other issues, with a letter signed by both parties agreeing that if payments were missed with no prior agreement that it would be breach of contract. Week ending 18th July they missed both payments and breach of contract was served and accepted by the MD of the agency. For this project only I am now able to go direct to the customer, but still have monies owing.
  #2  
Old August 4th 08, 09:45 AM posted to uk.legal.moderated
Fergus O'Rourke
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Posts: 460
Default Outstanding Liabilities - Post Breach of Contract

"SAPFanSTFC" wrote in message
...

Hopefully someone can assist with some useful advice or guidelines that
may be of assistance to me.
Following breach of contract am I still owed monies outstanding....&
are the original payment terms still applicable? Overdue (Due Jul 1st)
- £8,354.27 Due 1st Aug - £ 11,213.50 plus future due amount £ 4,751.
I'm a contractor who until 25th July been operating through an agency.
All year the agency continually missed their contracted payment dates
but caught up ground eventually following a lot of pushing & reminding
them I am not a bank. I was made aware of some financial issues
impacting on the company earlier in the year, but they promised this
was now history.
As a result we agreed on a weekly payment & an extended monthly payment
date to cover any reconciliation delays/other issues, with a letter
signed by both parties agreeing that if payments were missed with no
prior agreement that it would be breach of contract. Week ending 18th
July they missed both payments and breach of contract was served and
accepted by the MD of the agency. For this project only I am now able
to go direct to the customer, but still have monies owing.


I can't say that I fully understand the above, but it seems that you
modified your original contract with the agency, but the agency have still
beeen unable to keep their side of the bargain. You say that a "breach of
contract" has been agreed and seem to want to know what the effect of this
is on the status of the original contract.

Unfortunately, it is impossible to answer without knowing more about the
original contract and the modification and I would have to say that it seems
unlikely that this can be pursued usefully here. Consult a solicitor.


--
FERGUS O'ROURKE
www.irish-lawyer.com
(Not just law stuff)



 




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