Contract advice needed
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helpneeded2017
Posts: 14 Forumite
Hi all,
Need a bit of advice,
A charity I know wanted to put on an event for the community, in partnership we put together a bid and were successful in funding for it. The monies for the event were paid as scheduled and terms and conditions agreed, this included that in the case of a cancellation by the charity all money would be refunded within 60 days of me receiving cancellation notification on headed paper, these terms were signed by a director of the charity ( who is no longer there )the event was initially cancelled by them and then rearranged for a new date and then cancelled again by them last week.
However they are demanding the money back within 7 days saying as they are a charity and it has been funded it needs to be sooner but surely they cannot claim that if they agreed a timeframe in the terms of putting it on. I need to get deposits back from the venue etc ( which luckily agreed to full refunds as a charitable event ) and the various parties concerned and I worked for free as a favour to them, I could understand if it was me who cancelled but they have twice
Can anyone advise as to the reply I should send to them? Surely if they have agreed to 60 days they have to stick with it? I put 60 days as if I have to claim money back and it is late ( if people are on hols or just late ) it gave me flexibility, I also have emails with them explaining this
Many thanks
Need a bit of advice,
A charity I know wanted to put on an event for the community, in partnership we put together a bid and were successful in funding for it. The monies for the event were paid as scheduled and terms and conditions agreed, this included that in the case of a cancellation by the charity all money would be refunded within 60 days of me receiving cancellation notification on headed paper, these terms were signed by a director of the charity ( who is no longer there )the event was initially cancelled by them and then rearranged for a new date and then cancelled again by them last week.
However they are demanding the money back within 7 days saying as they are a charity and it has been funded it needs to be sooner but surely they cannot claim that if they agreed a timeframe in the terms of putting it on. I need to get deposits back from the venue etc ( which luckily agreed to full refunds as a charitable event ) and the various parties concerned and I worked for free as a favour to them, I could understand if it was me who cancelled but they have twice
Can anyone advise as to the reply I should send to them? Surely if they have agreed to 60 days they have to stick with it? I put 60 days as if I have to claim money back and it is late ( if people are on hols or just late ) it gave me flexibility, I also have emails with them explaining this
Many thanks
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Comments
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so it appears "you" are the "body" responsible for the administration of an event which was to be held in the joint names of "you" and a charity
a contract between "you" and the charity was agreed and part of that included the fact the charity would fund the event.
"you" very wisely ensured the contract addressed the circumstances of an event cancellation
"you" therefore have every right to tell the charity that yes, they will get their refund, but in accordance with the terms of the contract, not the arbitrary timescale they have now demanded.0 -
Consider this: any legal action they could take would take longer than 60 days....0
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Yup, plus even if they wanted to argue that the director who signed had no right to do so, you accepted in good faith - their internal finance policies are no concern of you! I'd follow 00ec25's advice, perhaps confirming you will repay as soon as you are able within the 60 days, but that it will not be before you have obtained refunds yourself.Consider this: any legal action they could take would take longer than 60 days....Signature removed for peace of mind0 -
And remind them that you have still incurred costs.
Next time make sure your expenses are covered if there's a no-fault delay/cancellation.0 -
Hi all,
Sorry for the late replies, I have been moving house and had no broadband
In relation to the above I did as suggested and sent via recorded delivery. I have this morning received an letter stating the following:
They expect payment by 25th October ( 28 days )
They want to see payment details/ records of any acts paid to discuss this with the acts concerned- surely they cannot do this!
They have asked for a copy of the contract/ emails relating to it as they say they have a procedure of removing all records when someone ( the director ) leaves, surely they would not destroy all contracts made though!
Finally and the one I am most concerned with is that they have said if they do not have the refund back by the 30th they will contact both my current employer ( as my businesses is part time ) and any venues I have shows with due to the original funding being from "public money"
Any advice on the above, I have the contract/ emails so it is quite clear from my part, have they got any right contacting people about it when they are the ones attempting to break the terms agreed
Do you feel I may need to get legal representation on this?0 -
helpneeded2017 wrote: »Hi all,
Sorry for the late replies, I have been moving house and had no broadband
In relation to the above I did as suggested and sent via recorded delivery. I have this morning received an letter stating the following:
They expect payment by 25th October ( 28 days )
They want to see payment details/ records of any acts paid to discuss this with the acts concerned- surely they cannot do this!
They have asked for a copy of the contract/ emails relating to it as they say they have a procedure of removing all records when someone ( the director ) leaves, surely they would not destroy all contracts made though!
Finally and the one I am most concerned with is that they have said if they do not have the refund back by the 30th they will contact both my current employer ( as my businesses is part time ) and any venues I have shows with due to the original funding being from "public money"
Any advice on the above, I have the contract/ emails so it is quite clear from my part, have they got any right contacting people about it when they are the ones attempting to break the terms agreed
Do you feel I may need to get legal representation on this?
I am self employed but my last proper job was with a Charity. I can say hand on heart it was the worst job I ever had and led me to ill health. And the example you quote above is why.
Most smaller charities are run by well meaning but ignorant and misguided amateurs who think black mail and bully tactics are acceptable.
I would simply write to them and referring them to the terms of the contract.
They have no right to see any contract between you and third parties (remind them of Data Protection obligations)
.
I would also advise them that the threatening terms of their communication is tantamount to blackmail and on that basis you will seek advice from the The Chief Constable of your local constabulary.
Stand your ground. Don't be intimidated.
If they then come back to you, you may need for the sake of a few pounds ask a Solicitor to write to them on your behalf.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
Many thanks for the reply,
just to say I have responded in the manner suggested and will get a solicitor if needed, the funny thing is that under the contract they had to notify me in writing to my address for cancellation which I have still not received despite me reminding them of this
In terms of contacting my current employer are they allowed to do this? Am hoping me letter will be enough to put them off but wonder if I should pre warn my current employer, as its a contractual matter between myself and them and do not see what it has to do with my current work0 -
It has nothing to do with your employers, and they have no right to see your onward supplier contracts. It is also not "public money" from a charity, and anyway that is entirely irrelevant.0
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