Being sued for breach of contract

[NA1978]

I signed an agreement with a cleaning Co. to supply me with a cleaner a couple of hours a week (as I was unwell). The co. were to supply me with a cleaner to carry out household duties as agreed between the co. and myself and I was to pay the co. a quarterly admin fee and pay the cleaner directly to her on a weekly basis.

 

The service they provided was very poor and after 5 cleaners in as many months and as my health had greatly improved, I decided to terminate the contract (within the terms of the contract).

 

The co. is now taking me to court claiming I breached the contract in retaining a cleaner introduced to me by the co.

 

It has become apparent the last cleaner left the co. the same time I terminated the agreement so the co. is suspicious that she left and took clients with her. I assume they had no contract with the cleaner and so are pursuing me for breach of restrictive covenant.

 

My defence is that I did not retain a cleaner - although I don't know how to prove such a thing?? But I was wondering whether such a restrictive covenant in an non-employment contract could be enforceable?

 

Any help would be much appreciated, or perhaps if there is a better place to post this, could someone kindly direct me?

 

Thanks.

[maroondevo52]

Hello and Welcome NA1978.

 

I've moved this thread to our Legal Issues Forum, hopefully you'll get some help shortly.

 

Regards.

 

Scott.

[NA1978]

Thank you Scott

[MathewLisett]

2 things, check the contract for amount of time each party requests for termination. but you also need to note down everything they did wrong if you state the jobs were rubbish becuase thats a clear breach of contract.

[pop_gun]

The cleaning company can't prove anything. They're probably trying it on. Their claim will be struck out.

[brokebutnotbeatn]

Was she someone who had cleaned your house whilst employed by the company or not?

[NA1978]

Was she someone who had cleaned your house whilst employed by the company or not?

 

She cleaned for me while 'working for' the co. She left me once my contract was terminated.