Saturday, November 28, 2009

I am in the process of starting up a marketing company and want to sue one of my suppliers?

I am in the process of starting up a marketing company and want to sue one of my suppliers. I bought a list of e-mails off www.email-the-world.com after they told me I'd be able to send out marketing bulletins freely. I've now been told by the Information Commission that I can't do that as I'd be a 3rd party and not have the direct prior permission of the recipients etc. Therefore I wish to sue the company to at least get my money back. Firstly, would I actually have a valid arguement (as I'm not clued up on legal issues), also where can I find a suitable lawyer, that would help me take this to court? I'm in the Essex area.



I am in the process of starting up a marketing company and want to sue one of my suppliers?

Your argument could be on one of the following points;



1. You were induced to enter into the contract by either fraudulent or negligent misrepresentation by that company as they may have stated that you could email when they knew it may have been likely that you could not without consent.



2. Breach of condition or warranty under the sale of good act 1979. Electronic data may also be goods.



I am concerned that if the contract is illegal (criminally) then you agreement is valid but not enforceable. You should see a solicitor who specialises in IT law. Contact the law society as below and use the search for solicitor function.



I am in the process of starting up a marketing company and want to sue one of my suppliers?

Firstly, think twice before suing anyone if you are setting up a business. It can be costly if you lose, and can you affford to lose?



Maybe you would be better advised to put the loss down to experience and be wary of sharp practices in future.



You could have a valid claim. If they sold you the email addresses in the knowledge you couldn't legally use them, they have been very naughty. But it may not be worthwhile. Move on and be more careful.



Any solicitor in Essex could help you handle this matter. Solicitors are specialists and not sole traders, so there will be one in any law firm able to act for you.



Re: No Win No Fee - you will only get a solicitor to take a case on on this basis if the solicitor is completely confident of winning the case if it went to court. They tend to go for easy things like personal injury accidents where neglect and liability is easy to prove. If a solicitor thought you wouldn't win, they wouldn't touch it. If the case is a criminal matter it is up to the police to investigate and the CPS to prosecute, but this route does not get you any damages awarded.



I am in the process of starting up a marketing company and want to sue one of my suppliers?

Have you asked them for a refund?



Write to them stating that you want a refund because........and give them a period of say 14 days to pay or you will sue them in the Small Claims Court.



If they do not pay, you can sue them quite simply online, you will find it via Google.



Just be careful that you only state facts.



Good Luck!



I am in the process of starting up a marketing company and want to sue one of my suppliers?

well that one way to start a good career, and probably impossible to track down the company, and i'm glad because i'm fed up of all the spam i get.



I am in the process of starting up a marketing company and want to sue one of my suppliers?

Naw, don't send him to court. Send him to an intensive care unit via a casualty unit.

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