Bit of advice please

markfj

Hi all

Just looking for some legal input

I am setting up a business at the moment, I paid a designer for artwork and some uniforms etc.

We asked for a quote several times on cards, leaflets and the other stuff too, we also agreed to pay for a subscription deal he just made, where we pay £250 one payment and get %40-%50 percent off through the year on his products

So, we asked for a final amunt wanted and it came to £505, we thought this included leaflets and cards at discounted rate as we wanted to buy all together.

He now wants to charge us for leaflets and flyers on top of the mone we just paid him. I said to him I thought they were included but if not, the money we had just paid or the offer £250 istead could pay for the leaflets and cards at full price, as we cant afford everything plus the £250.

He's refusing to let us do this, so now we are £250 out of pocket, still have no invoices or itemised bills an ive made it clear we are not using his services again so again asked the £250 to pay for leaflets and cards instead of his "special offer" but still he won't

He was supposed to send me an customer number etc when I signed to the deal too, but not got anything

Is there anything I can do?

Thanks

Fire_Fox

What you can afford and what you thought is irrelevant, what you agree is. What does the contract you signed specify and was it based on a quotation or an estimate?

artbaron

What does he believe you paid him the £505 for? What reason does he give for not supplying products to the value of the money you've given him? It's rather difficult to follow this story. If he hasn't done any work for you then give him a reasonable time to return the money otherwise you'll take him to small claims. I'm not being funny but before you start your business you really need to understand that it's essential to keep records and get everything in writing.

bris

It sounds to me like you have paid the £250 for the subscription deal and the other £255 for the artwork and uniforms, seems fair enough. Leaflets and cards would then be charged with the discount applied, For £255 I can't see why you would think the leaflets , cards and other stuff were included.

This is also a business to business contract so consumer law wont apply, because you agreed to pay the £250 for the subscription service, he doesn't have to let you back out of it now, so you will have to use it or lose it.
There is no point in cutting your nose off to spite your face, if the leaflets are cheaper with the discount you have subscribed to buy them, business is business, don't let it get personal.

markfj

Fair comments
Thanks to all

I have everything else documented with invoices etc, but not his stuff, there was no agreement in place that was signed or anything as such

We paid £110 for design work seperately, he beleives the £250 for uniform and then £250 for the subscription. So all together paid him £610.

My single and omnly complaint with the guy is that we were clearly talking cross purposes, I asked for a final amount on the stuff mentioned and he said the amount above which we paid, now he said he wants more on top for leaflets and cards. I said ok fair enough, I didnt understand this at the time, but I said well as the cards and leaflets were quoted at £250, can I change the subscription to this?

He suppose to have sent me a letter with a customer number for my trade account, which Ive yet to get, so for far ive got nothing for the £250

Fire_Fox

markfj wrote: »

Fair comments
Thanks to all

I have everything else documented with invoices etc, but not his stuff, there was no agreement in place that was signed or anything as such

We paid £110 for design work seperately, he beleives the £250 for uniform and then £250 for the subscription. So all together paid him £610.

My single and omnly complaint with the guy is that we were clearly talking cross purposes, I asked for a final amount on the stuff mentioned and he said the amount above which we paid, now he said he wants more on top for leaflets and cards. I said ok fair enough, I didnt understand this at the time, but I said well as the cards and leaflets were quoted at £250, can I change the subscription to this?

He suppose to have sent me a letter with a customer number for my trade account, which Ive yet to get, so for far ive got nothing for the £250

Like Artbaron I am finding it very difficult to follow the story, you are not explaining clearly at all just being super vague and contradicting yourself. Everything else, stuff? You might know what that means, I haven't the foggiest.

In the OP you say "when I signed to the deal" now you say "no agreement in place that was signed or anything as such"???

markfj

sorry if the post didn't make sense, I'll be honest, I don't think Im dealing with a professional company, as the entire conversation has been done via facebook, and its been a nightmare for me to understand, so trying to get it all across to others is even harder and reading through his page, Im not the only one that doesnt get what the want/invoices etc either

I think I'll just say lesson learnt on this occasion

Im not blaming him for my failure to understand though, im not trying to be unreasonable to anyone, quite the opposite infact

Thanks anyway

Fire_Fox

markfj wrote: »

sorry if the post didn't make sense, I'll be honest, I don't think Im dealing with a professional company, as the entire conversation has been done via facebook, and its been a nightmare for me to understand, so trying to get it all across to others is even harder and reading through his page, Im not the only one that doesnt get what the want/invoices etc either

I think I'll just say lesson learnt on this occasion

Im not blaming him for my failure to understand though, im not trying to be unreasonable to anyone, quite the opposite infact

Thanks anyway

Facebook?? Good grief, neither of you are acting as professional businessesmen. It's a social networking site. I'm gobsmacked you have paid anything without a contract, how can you possibly use a Facebook chat in your accounts and tax returns?

Not meaning to be rude but have you thought about attending a basic business course before starting up? There are some free ones about if you are on any benefits or live in a deprived area, otherwise try the local college.

markfj

Fire_Fox wrote: »

Facebook?? Good grief, neither of you are acting as professional businessesmen. It's a social networking site. I'm gobsmacked you have paid anything without a contract, how can you possibly use a Facebook chat in your accounts and tax returns?

Not meaning to be rude but have you thought about attending a basic business course before starting up? There are some free ones about if you are on any benefits or live in a deprived area, otherwise try the local college.

I agree with you,

We have a successful business within the family already, but I dealt with this guy as he was a small business, trying to get a name for himself, similiar to my business just starting, I didn't think it would end on negative terms, but thats the way it goes

We are actually booked on some courses, yes.

arcon5

Fire_Fox wrote: »

Facebook?? Good grief, neither of you are acting as professional businessesmen. It's a social networking site. I'm gobsmacked you have paid anything without a contract, how can you possibly use a Facebook chat in your accounts and tax returns?

pmduk

markfj wrote: »

I didn't think it would end on negative terms, but thats the way it goes

Just assume that everything (ie items ordered and payment terms) will need to be proved at a later date and you won't go wrong, additionally, both sides will be fully aware of where they stand.