Help I need a legal hand! a prospective supplier is taking me to court because i asked for a quote, and it didnt turn into an order! surely not legal, any comments grately recieved

[anonmummy]

I have a business, in which I source products for my clients. Everyday I go out for quotes for various items within the same industry. On this occasion a client asked me for something I had never sourced before, but I did my job, found prospective suppliers, and waited for the quotes to arrive.

A particular supplier, agreed they could source the item, but did not quote officially, just emails of yes we can, and when asked for del costs and spec of item, we were told, leave it with us!!

After a week still no responce from this last prospective supplier, so I rang with a reviewed quote (lesser no of item as requested by my client) they said ok leave it with me, next day, get call they can get them, i ask for price, £2 - 4. I say I'm driving Ill get back to you. in the meantime my business partner recieves email stating that the co are disapointed that the order no has reduced, and therefore are now charging us for 3 hours work at a cost of £75.

I ring say noway forget it, asked for a quote thats all, and I didnt recieve it!! they say tough, we dont work for free, then inv me! I reply say have discussed this, you did not inform the co when first contacted that we would have to pay an hourly rate if quote is not turned into order, now going to court!!

Someone please tell me this is a waste of time and I dont have to pay for a quote, never received, I specifically asked for size of item or would source elsewhere (email,copied) to which i got a leave it with me reply!! And no further communication for one week until I contacted for a re quote for lesser number.

Any comments would be gratefully recieved

They don't have a leg to stand on afaik. Presumeably they are not a profession that charge an hourly rate so there will be no precedent for them to charge in this way ergo no way of them to prove that you knew that you would be incurring this made-up charge.
I have no legal training but common sense tells me that it is unlikely that they have any come-back.

Did you agree to anything in writing or sign up in agreement to any T&C's?

This sounds bizarre to me- unless you actually ordered anything I can't see what they would stand to gain by taking you to court for £75?

sounds almost like extortion!!!

I would imagine that they are just chancing their arm to try and get some cash out of you.

in my first flat I once contacted a company and requested a quote for an intercom system to be installed.

Man came out, told me it would cost roughly £200, but said I'd receive a quote in writing. I said I'd think about it.

A few months later said quote arrived but in the form of an invoice for the £200, and a note for me to call to agree an installation date! By this time I'd actually put the flat on the market; I called the company to advise them of this, and that I no longer required the intercom. Lady said 'Fine but I needed to pay the invoice'. After a lonnng drawn out discussion I managed to get her to see sense.

2 years later the poor girl who bought my flat continues to send me invoices and final demands from them I have called them SO many times and have now given up!

Agree with everyone else, I think they are trying it on.

I don't see how that could be legal. You have not signed anything, not agreed a contract or terms at all.

phew, Im glad you are all in agreement was begining to think the world had gone mad. No agreement no t&c's, just a bog standard can you supply, and if so how much, del etc. Strangly they did not provide any quote, just emails back and to, just normal business dealings.

Lulumama, feels like it, I did tell him he should be wearing a mask!!

SDHIC, no order, no confirmation, just a send a spec of item or I source else where, none recieved, certainly no PO. Spoke to the courts, was advised will not be decided viable or not until seen by the judge! so got to go with it. Trading standards agree its bizarre. Hopefully he will bugger off, but my its a worry.

I agree chancing his arm, but Im afraid he may take it all the way, cost him £30 for the court papers!

Does not sound like they can. It's basic offer and acceptance. There's no contract, only an invitation to treat, which is the first part of a contract. They are talking bollocks. I wouldn't worry. Send them a letter:
Dear Sir.
With reference to your invoice dated... I wish to advise you that the law as it stands will not allow you to pursue this matter any further as my request for a quote from you was merely an invitation for your company to enter into negotiations with my company and not as you suggest, a contract for services or goods from you.
It is general knowledge that in order to create a contract it is necessary to have an offer and an acceptance. Again, neither of these have been fulfilled. My company was merely requesting information from you, there was no indication given on my part that I wished to commence a business arrangement.
Should I contact you again regarding this matter I shall have no alternative than to pursue you for the legal cost that I have incurred whilst dealing with your invoice.

Yours sincerely

hope this helps. (Not a lawyer but have law degree).

Hey Avenanap, thank you, thats a great help

spot on aveanap.

(no lawyer here but law degree also)

Wow avenanap that's fantastic!

They've not a leg to stand on. Let them waste the time and money of a lawyer.

he's trying it on. emails, as far as i understand, are not legally binding - you would need to sign something or they would at least have to email you a formal quote and you would then confirm the order. make sure you have a complete paper trail and write down now dates, times and content of all conversations - this will really endear you to the judge! also be able to demonstrate, if necessary, how this is standard practice for you/your clients with a few examples (if this goes to court) as it will make your case stronger.

the only time i've had to pay for quotes is for building work, where someone had to come out for a site visit, and this was made clear up front, cost £80 and from that i got a full, detailed written quote for the work itself.

i used to be project manager for a design studio and spent all day chasing quotes...

BTW, the small claims court is just a judge and the two parties sat round a table, not too scary and you'll be fine if well prepared, have kept detailed records of everything and are a nice, normal human being... judges like that kind of thing!

call their bluff, cheeky devils.

Most suppliers work on quotes before an order is placed (for free). Can't think of any that don't TBH.
To place an order you would need to supply a Purchase Order and a contract would be entered.

Sounds odd to me. Talk to your local CAB

If they carry on let me know and I'll forward an invoice for my fee in the post for them . I also do (unqualified):
medical (childrens nursing 2 yrs training)
Environmental
Gifted children
teaching
learn to read
bits of benefit advice
child behavioural management
Cooking
Maths
DIY
Basic counselling.... Haaa.

ta sufi, have been keeping record of conversations etc, this is such a ridiculous waste of time, taken all my day, talking to courts etc, a days work down the pan.

avenanap, at this stage just send me a quote, Im in enough trouble!

Excellent letter from Avenanap.

Would omit "It is general knowledge" since up until then it sounds as if you have sought legal advice (which you have, but via MN!) & just cut to "In order to create a contract.." or substitute for a more legalistic phrase that matches the force behind the rest of the letter.

Na, this ones free for you. Don't worry, just send them the letter, fill in the date and reference number. Don't worry about it, they are just trying it on because they don't know how well connected you are.

Hi Heated. Was hoping to make them sound stupid.

Stick to your guns, I am sure this is not legal and they have done it many times before.

It is sad when it ruins your day and gives you sleepless nights, so don't worry. Ot looks like you have done your homework.

I would get some legal advice yourself for the future, so that you know where you stand in asking for quotes and how to word them: ie This is a quote and no contract shall be entered into balh blah until an order has been placed by "me" for any give for any work with "company" balh blah
etc.

That sort of thing. If you do it by phone follow it up with an email and ask them to respond before quoting via email.

I don't know what I am talking about but that looks like common sense to me!

I was trying to imagine how I might react to receiving such a letter and until that one phrase I would have thought you had a team of hard-nosed legal advisers writing on your behalf and therefore not to be messed with! But feeling stupid may well do!

thanks. I'd swap the phrase.

sorry battery went, and couldnt find charger!! Ok then, its agreed go with avenanap aka Ally McBeal letter, and make amends as advised by heated. So glad I asked, didnt fancy another sleepless night and wasted day. Shall I send this by recorded delivery, rather than email?