Problems &
Disagreements
Problems & Disagreements
Starting a business is an empowering yet daunting time. The start-up costs are generally high and the returns in the first few months are low or non-existent.
Here you will find advice on some of the key areas of concern when encountering a problem or disagreement.
Manage your debt
At risk of redundancy letter
What is it?
This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.
Dismissal for redundancy letter
What is it?
Invitation to a redundancy appeal meeting
What is it?
This is a letter to an employee inviting them to a redundancy appeal meeting.
Redundancy consultation letter
What is it?
Recovering a debt
Debt recovery letter
What is it?
Second debt recovery letter
What is it?
This is the Late Payment Reminder letter. This letter should include a copy of the relevant invoices(s) and if available a copy of the signed order form or any other document that was used to confirm the order.
Why is it important?
Adding this information will ensure that your customer has all the documents they need to see that the debt is due and payable. We recommend that you do not refer to the right to charge interest in this letter as this might upset your customer if as may be the case, the late payment was just an oversight. If you do not receive payment within 14 days escalate the process and send the Final Demand Letter.
Letter before action
What is it?
Why is it important?
Recover debt - Loans
What is it?
Recover debt - Debt collection
What is it?
As invoices grow older the more difficult it becomes to recover the debt. We can provide you with a commercial debt recovery service on a “no win, no fee basis which means we charge a success-based fee proportionate to what we recover. This fee is charged on the basis of the age of the debt and your customer’s location. We also charge a small administration fee per customer to assist with our initial debtor verification process. This entails our debt recovery lawyers assessing the customer’s creditworthiness and checking whether there are any outstanding County Court judgments against the customer.
Alternatively, our debt recovery lawyers can provide you with a range of individual letter templates designed to assist you with recovering the money that you are owed quickly and professionally.
To discuss your requirements with one of our debt recovery lawyers and take a look at our fees in detail, call us now!
Instructing bailiffs to recover possession of property or seize goods to satisfy judgments
What is it?
You can instruct either the County Court bailiffs or High Court Enforcement Officers (HCEO) to collect your judgment debt. The bailiffs will add their enforcement fees to the debt.
If your debt is under £600 you can only apply at the County Court to instruct the bailiffs. If your debt is between £600 and £5000 you can instruct either the County Court bailiffs or the HCEOs. If your debt is over £5,000 and not regulated by the Consumer Credit Act you must instruct the High Court bailiffs.
The bailiffs once instructed will contact the debtor to give them 7 days to pay the debt. If the debt is not paid the bailiffs can attend the debtor’s home or premise to recover the debt due or seize goods to the value of the debt including their fees. The goods will be sold at auction and the money raised used to pay your debt and the bailiff’s fees. Instructing bailiffs can be very effective in recovering a debt.
Risks
Bailiffs can only take goods owned solely by the debtor or jointly owned by the debtor but cannot take goods that are subject to hire purchase agreements, essential household items such as bedding, furniture, kitchen equipment etc or the debtor’s tools of trade (up to a value of £1350) ie tools which the debtor needs for his trade. The goods when sold at auction will be sold as second-hand goods so you will not recover the sale price of the goods.
If you need help in enforcing a county court judgment we can help. Our advice is quick, effective and cost-effective.
Landlord & Tenant problems
What is a Contract?
What is it?
A contract is a promise or agreement between two or more parties that is legally binding.
For a contract to exist there must be:
- An agreement by the parties created by the offer and acceptance of specific terms or obligations by either party;
- An intention by the parties to create legal obligations and form an enforceable agreement;
- Consideration – this arises where on party to the contract promises or offers to do something for the other party which the other party accepts by giving something in return. An example of consideration can be seen when a customer agrees to buy goods from a shop owner and money is exchanged for the goods.
If you need help or advice on any contract, commercial or business law issue, please contact our commercial contract solicitors.
Breaches of contract/Breaches of covenant
What is it?
A breach of contract is similar to a breach of covenant the only difference being that the term “breach of covenant” is mainly used in relation to breaches of promises or obligations in a property deed or occasionally written contract.
A breach of contract or breach of covenant occurs when one party to the agreement fails to fulfil an obligation or breaks the terms and conditions set out in an agreement. This may occur if for instance one party fails to pay for goods or services provided by the other party or the other party fails to provide the goods agreed or fails to provide services agreed to an acceptable standard.
Why is it important?
Before you decide to sue someone for breach of contract it is always worthwhile to review the merits of your claim (seek legal advice if you are unsure) , assess the value of your claim, consider whether pursuing legal action is a reasonable and cost-effective response and consider the relationship between you and the other party to the contract. Do you want the relationship to continue? Is pursuing your claim a reasonable and cost-effective response? If you have any doubts it is always best to try to negotiate a settlement rather than go to court.
Contract disputes: Should I sue for breach of contract?
What is it?
It is not always easy to sue someone for breach of contract. In order to stand a good chance of succeeding in your claim you need to show that:
1.The existence of a legally binding contract. If the contract was made verbally it may be difficult to prove that there was a contract that is legally binding. This shows the importance of ensuring that all contracts that you enter into is recorded in writing. You can rely on emails and letters to prove the contract existed.
2. There was a breach of contract ie the party you are suing did not fulfil their obligations under the agreement or that they did not perform their obligations properly.
3. You have suffered loss as a direct result of the breach of contract and that you deserve to be awarded damages for the loss suffered. This is a difficult hurdle to overcome as the court will only award damages if it is sure that the loss you suffered was caused by the breach of contract, you have tried to mitigate your loss (ie taken reasonable steps to try to reduce your loss) and that the damage that you suffered was not too remote.
Litigation can be costly, distressing, damaging and time consuming.
If you have a contract dispute that is bothering you and need information and advice on any breaches of contract, please contact our commercial contract lawyers.
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Reorganisation & Redundancies
At risk of redundancy letter
What is it?
This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.
Dismissal for redundancy letter
What is it?
Invitation to a redundancy appeal meeting
What is it?
This is a letter to an employee inviting them to a redundancy appeal meeting.
Redundancy consultation letter
What is it?
Commercial notices
At risk of redundancy letter
What is it?
This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.
Dismissal for redundancy letter
What is it?
Invitation to a redundancy appeal meeting
What is it?
This is a letter to an employee inviting them to a redundancy appeal meeting.
Redundancy consultation letter
What is it?
Breaches of contract
What is a Contract?
What is it?
A contract is a promise or agreement between two or more parties that is legally binding.
For a contract to exist there must be:
- An agreement by the parties created by the offer and acceptance of specific terms or obligations by either party;
- An intention by the parties to create legal obligations and form an enforceable agreement;
- Consideration – this arises where on party to the contract promises or offers to do something for the other party which the other party accepts by giving something in return. An example of consideration can be seen when a customer agrees to buy goods from a shop owner and money is exchanged for the goods.
If you need help or advice on any contract, commercial or business law issue, please contact our commercial contract solicitors.
Breaches of contract/Breaches of covenant
What is it?
A breach of contract is similar to a breach of covenant the only difference being that the term “breach of covenant” is mainly used in relation to breaches of promises or obligations in a property deed or occasionally written contract.
A breach of contract or breach of covenant occurs when one party to the agreement fails to fulfil an obligation or breaks the terms and conditions set out in an agreement. This may occur if for instance one party fails to pay for goods or services provided by the other party or the other party fails to provide the goods agreed or fails to provide services agreed to an acceptable standard.
Why is it important?
Before you decide to sue someone for breach of contract it is always worthwhile to review the merits of your claim (seek legal advice if you are unsure) , assess the value of your claim, consider whether pursuing legal action is a reasonable and cost-effective response and consider the relationship between you and the other party to the contract. Do you want the relationship to continue? Is pursuing your claim a reasonable and cost-effective response? If you have any doubts it is always best to try to negotiate a settlement rather than go to court.
Contract disputes: Should I sue for breach of contract?
What is it?
It is not always easy to sue someone for breach of contract. In order to stand a good chance of succeeding in your claim you need to show that:
1.The existence of a legally binding contract. If the contract was made verbally it may be difficult to prove that there was a contract that is legally binding. This shows the importance of ensuring that all contracts that you enter into is recorded in writing. You can rely on emails and letters to prove the contract existed.
2. There was a breach of contract ie the party you are suing did not fulfil their obligations under the agreement or that they did not perform their obligations properly.
3. You have suffered loss as a direct result of the breach of contract and that you deserve to be awarded damages for the loss suffered. This is a difficult hurdle to overcome as the court will only award damages if it is sure that the loss you suffered was caused by the breach of contract, you have tried to mitigate your loss (ie taken reasonable steps to try to reduce your loss) and that the damage that you suffered was not too remote.
Litigation can be costly, distressing, damaging and time consuming.
If you have a contract dispute that is bothering you and need information and advice on any breaches of contract, please contact our commercial contract lawyers.
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Issues with employer
Invitation letter to a disciplinary appeal hearing for misconduct
Invitation letter to a Appeal hearing for misconduct
Disciplinary outcome letter for misconduct - warning or no action
Invitation letter to a performance appeal hearing
Invitation letter to a performance hearing
Poor performance outcome letter - warning or no action
Disciplinary procedure
Suspension Letter
Dismissal letter for misconduct
Dismissal letter for poor performance
Gross misconduct dismissal letter
Dismissal letter for employees without unfair dismissal rights
Appeal letter
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.
Managing employee performance
Invitation letter to a disciplinary appeal hearing for misconduct
Invitation letter to a Appeal hearing for misconduct
Disciplinary outcome letter for misconduct - warning or no action
Invitation letter to a performance appeal hearing
Invitation letter to a performance hearing
Poor performance outcome letter - warning or no action
Disciplinary procedure
Suspension Letter
Dismissal letter for misconduct
Dismissal letter for poor performance
Gross misconduct dismissal letter
Dismissal letter for employees without unfair dismissal rights
Appeal letter
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.