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Anyone had legal action taken against them for breach of contract?

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Old 29 November 2008, 08:15 PM
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Sonic'
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Default Anyone had legal action taken against them for breach of contract?

Anyone had this

I recieved a joke letter today from my former employers solicitors with a few humourous paragraphs stating I am in breach of contract and if I don't respond with the information they require they will take further action and seek to recover damages, loss of earnings and legal costs

I know the letter is basically a thinly veiled threat, but it actually holds no water at all

The terms of the contract are actually restricted practises which legally they cannot do nor enforce

Im in two minds just to ignore it, or send my own legal letter back to them

Also it is worth mentioning that my former employers have sent every single member of staff who has resigned in the last 20 years a legal letter threatening to sue
Old 29 November 2008, 08:21 PM
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Doesnt your house contents insurance provide cover for events such as this. Mine does and theyll fight anyone, except local authorities and the NHS...
Old 29 November 2008, 08:21 PM
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Jamescsti
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Never been in that position myself, if they have sent a letter to every person who has resigned in the last 20 years I would suggest that they are jumping on the "compensation" band wagon which seems to have come in over the last 10 years or so, but that's pure speculation and i'm not a legal proffesional as such
Old 29 November 2008, 08:23 PM
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If they continue to bother you then threaten them with Protection From Harassment Act 1997, and see how much bravado they still have.
Old 29 November 2008, 08:26 PM
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Protection from Harassment Act 1997
Old 29 November 2008, 08:27 PM
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happened to my mate 2 years ago, when he left his job and took some of his clients from them. his contract stated he could contact any former clients till 6 months after the date of leaving so they tried to sue for breach of contract.

he counter sued for them taking his company car away from him stright away instead of setting a date to hand it back.

they dropped the complaint
Old 29 November 2008, 08:27 PM
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Not sure if my house insurance would cover it, worth checking though

The funny thing is they have some facts wrong in the letter, which makes it incredibly easy to reply to them with the information they are requesting

They don't have any proof as it is something that never happened, so I would actually like this to go all the way through the legal system and let it cost them a fortune

They dont do it to jump on the compensation bandwagon, they do it because they like to blame all ex employees for the reason they struggle so much in business

My current MD thinks it is quite funny too

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Old 29 November 2008, 08:29 PM
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Cheers Simon

Phil this is pretty much the same thing, but the terms and conditions of my old contract state I am not allowed to contact any customer or potential customer within the UK for a period of 12 months

Their definition of potential customer, is someone that they may happen to require the services that they sell to, but may not necessarily have contacted
Old 29 November 2008, 08:35 PM
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they cant do that as it would stop u working in your chosen field a soliciator will sort that mate
Old 29 November 2008, 08:40 PM
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Originally Posted by phil_wrx
they cant do that as it would stop u working in your chosen field a soliciator will sort that mate
I know, restrictive practises etc

I already had my old contract checked out by a legal team when I started with my current employers

I was warned on my last day that I would have legal action taken against me, and I told them that if I get a legal letter then it would be sent back to them with LOL in huge letters written across it in crayon, and that they will be getting their own legal letter from my solicitors

Im surprised its took them this long tbh as I left in June and they normally do it in the first few weeks
Old 29 November 2008, 09:00 PM
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lol they sound like a right bunch of *****
Old 29 November 2008, 09:04 PM
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mykp
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Happened to me when I left my last employer, even though I was made reduandant due to insolvency, but the bloke who owned the place started a new company with different directors the following month. The upshot of the letter was that I had stolen customers from them, as quite a few of their customers had migrated to me when they found out I had gone on my own, they'd dealt with me solely for 3 years anyway and they where getting zero service for insolvent company.

Got my solicitor to send a letter back saying could they send me a copy of the contract which I had signed, basically because I never had one! Never heard anything else from them again.
Old 29 November 2008, 09:19 PM
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Hmm, good move I think I might try that tactic, and ask them for my contract that I signed, although I did sign it, it will take them some time to find it copy it and send it back to me

They sent me an email a few months ago saying that its breach of contract blah blah blah, I left it a month and replied saying 'sorry it took so long to reply as your email was in my JUNK folder' and that I had no intention of going to any of their customers as none of them spent any money any so would be pointless
Old 30 November 2008, 11:52 AM
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Originally Posted by Sonic'
Anyone had this

I recieved a joke letter today from my former employers solicitors with a few humourous paragraphs

Pardon my stupidity but after reading your first line Sonic, WTF are you worried about if it is a joke letter with humerous paragraphs????
Old 30 November 2008, 02:28 PM
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Originally Posted by Wurzel
Pardon my stupidity but after reading your first line Sonic, WTF are you worried about if it is a joke letter with humerous paragraphs????
Im not worried, and never said or implied I was worried, I was merely asking if others had received similar

I actually think it is all rather amusing as if they continue with any legal action it will cost them a lot of money
Old 30 November 2008, 04:26 PM
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Sonic talk to our kid - he and Si and Phil all got them from the very same employer and it did need legal intervention in order to prevent your ex employers solicitors from bumraping them...
Do you have his details? Happy to pass on an email address if you want?

P
Old 30 November 2008, 04:28 PM
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Abs, yes I got your Bro's details

I know about Phil and Si, there are others too, Im wondering if the two other staff I now work with have got letters too

The thing is Abs, I havent actually done what they are alleging to have done, someone else has but it wasnt me
Old 30 November 2008, 05:29 PM
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Fella, the crux of it was (if my mammories serve me correctly) the bit about going to work for a "competitor" and as you pointed out, the contract is indeed not proper and a letter from your own solicitor will put them straight.
Phil used his company's solicitors to state their case and our kid never heard anything again...

It all seems a bit pointless - I dont know what they hope to gain... Especially when they know that every time they do this they get scuppered by their own flawed contracts...

Hope you resolve it cheaply and quickly as even though it is laughable, it is stress you can do without dude...
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