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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44380
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I run a small business from home and did a job which I am

Customer Question

I run a small business from home and did a job which I am yet to be paid. My original quote for the work was addressed to a project management company (MMD Contruction Consultants) but the acceptance of the quote was signed by a Rohineet Sharma (on behalf of Lambert McCabe Properties who are located in NZ). Rohineet is thier Sydney Rep. I sent the debt to EC Credit Control but they said it would be hard to chase up because the original quote was addressed to the Project Manager (MMD Construction Consultants) and not the people that owe the money. Although my original quote was addressed to MMD Construction Consultants (who I don't want to chase) the proposal was signed by Rohineet Sharm representing the ultimate client (Lambert McCabe Properties). Lambert McCabe are in NZ and I have contacts for the directors etc and phone numer s but they are basically dodgy. they keep promising to pay but don't. As I said I tried a debt collection company but they were useless and said they could not legally chase up Lambert McCabe, even though thier representative signed my quote and I have email correspondence showing that they promised to pay. Sorry pressed send before editing. Essentially my question is: Can a debt collector only chase up the company my original quote was addressed to? Or can they legally chase up the person who signed and oficially accepted my quote?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Has anything been filed or reported?
Customer: No. The debt collector I used (EC Credit Control) said they can only chase up MMD because the quote was addressed to them. But they are not the people responsible for paying (in my opinion) and they too are out of pocket.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Don't think so
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

Good Evening.

You can only chase the party that you have the agreement with. You cannot sign the person that signed it. They should have had the authority to sign on behalf of the company you were entering the agreement with.

Was the person that signed the agreement authorised to sign for MMD?

Customer: replied 9 months ago.
No they were representing lambert Mccabe properties who I want to chase
Expert:  Leon replied 9 months ago.

Who was the party that asked you to do the work? If it is not MMD why did you now have Lamber Mccabe sign the quote?

Customer: replied 9 months ago.
MMD as project managers organized quotes from various contractors on behalf of lambert Mccabe
Expert:  Leon replied 9 months ago.

MMD is liable to pay you.

They are the ones that have instructed you to do the work.

When you sue them, they join Lambert Mccabe and argue they are liable to pay the debt.

you do not have a contract with Lambert Mccabe. So they cannot be liable to you.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon