Collo vs McDo

Correspondence · 27 Jan 1997

Letter Collorafi → lawyer

Correspondence exchanged between the parties (or their counsel) in the course of the dispute.

Type
Correspondence
Date
27 Jan 1997
Parties
From Bernard Collorafi and his companies

Summary

Summary sheet

Letter from Bernard Collorafi to his counsel — 27 January 1997

Overview: letter sent by Bernard Collorafi to Maître Jean-Paul Clément, counsel in Paris, reporting an incident which he considers should be added to the file of the dispute with McDonald's.

Key points

Collorafi states that he received from McDonald's an invoice dated 20 December 1996, concerning SARL B et O (Drive restaurant). According to the attached invoice, it amounts to 250,000 F excl. VAT, plus VAT, i.e. a total of about 301,500 F incl. VAT; the body of the letter mentions a similar amount. It is said to be the re-invoicing of a box rental service paid by McDonald's to Olympique d'Antibes Basket (invoice of 18 December 1995). Collorafi states that he never took part in this negotiation or signed a purchase order, and recalls that the company B et O was only created on 21 August 1996, its operation having started on 9 October 1996. He sees it as an attempt at intimidation, or even fraud, and states that he has stopped payment with his bank.

Significance

The document, with its annexes (invoice of 20 December 1996 and letter of 19 November 1996), documents a point of financial friction predating the breakdown and intended for later use in the proceedings.

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Bernard COLLORAFI 21 B chemin de l'Estelle 06110 LE CANNET Le Cannet, 27 January 1997 Maître Jean Paul CLEMENT 78 Rue Mozart 75016 PARIS Dear Maître, In the course of this matter, I am informing you of a fact that has just occurred. I have received from the Franchisor McDonald's Paris an invoice for 310,000.00 francs incl. VAT, posted on Friday 10 January 1997, that is after I had my meeting with the CEO Denis HENNEQUIN, and received on Saturday 11 January 1997. This invoice is dated 20/12/96 and concerns SARL B et O (DRIVE restaurant). It is the re-invoicing of an invoice paid by McDonald's to Olympique d'Antibes (basketball): dated 18/12/1995 and probably paid by McDonald's during January 1996 (that is a year ago). For my part I never attended a negotiation with Olympique d'Antibes nor signed any purchase order whatsoever. Let us recall that the company B et O was created on 21 August 1996, that its commercial operation began on 9 October 1996 and that I could not have entered into any commitment for it before its creation. On the other hand, it is certain that McDonald's, in order to obtain building permits in a sporting town, sponsors associations. Moreover, the detail of the opening costs of the DRIVE restaurant appearing in the pre-contractual information brochure does not show any invoice from Olympique d'Antibes. I wish to inform you of this manoeuvre which appears to be a pressure tactic of intimidation or even a fraud. I immediately lodged an objection with my bank for this payment; and if it is presented, I will keep you informed and send you its date of issue. I ask you to keep these documents in the file for possible later use. Yours sincerely, dear Maître, enclosures: Ý McDonald's invoice of 20/12/96 r letter of 19/11/96 setting out the opening costs of the restaurant observation: vila the bank has a standing authorisation for McDonald's direct debits yet the one for 301,500.00 has still not been presented as of i McDonald's France S.A. FACTITE !! 5ir d 1190 R0 : ::9 1: 0r01. : # FOrS 12:44 INVOICE DATE: 20/12/96 E ET O SAEL 2721 CHEMIN DE SAINT CLALDE 06E00 FRANCE ANTIBES DESCRIPTION RENTAL OF BOXES 1996 B STE! POLRCENTAGE AMOUNT EXCL. VAT 250,000.00 250,000.00 CODE RATE VAT VAT 30 20.60 VAT AMOUNT 51,500.00 51,500.00 AMOUNT INCL. VAT 501,500.00 501,500.00 250,000.00 NE id PAY THIS N. B., No 51,500.00 301,500.00 invoice card. DU GORD The amount of will be debited from your account: McDonald's France S.A. - 1, rue Gustave-Eiffel - 74045 Guyancourt Cedex, France ; Société Алопуте au Capital de 180:000 000 Francs R.C.S. Versailles B 722 003 936 Téléphone : (1) 3D 48 60 00 - Téléfax: (1),50 49433 00 - Télex : 699 519 F ANTIBES THE 18 DECEMBER ANTIBES PINS INVOICE: 27 - 95/96 Antibes Nud Mr DONALD'S RESTAURANT SARD avenue Gustave Eiffel 78045 GUYANCOURT CEDEX i RENTAL OF January BOXES NUMBER L2 LIV L20 for the period from the 1st matches giving access to all played at home for the professional team of L'OLYMPIQUE D'ANTIBES BASKET BALI.. 458+13. TOTAL EXCL. VAT VAT 20.67 250,000 FRS FRS TOTAL INCL. VAT 301,500 FR$ AWAITING YOUR KIND PAYMENT. 300, AV. JULES GREC 06600 ANTIBES TÉL. 93 33 32 32 FAX 93 33 19 19 1/2 Finalist Korac Cup Fanaises Champ. de Fronce Finiste Champ Sosiélé Arcryme d Cejetsperif Olymoique d'Arlives JugniesPis Cale d'Azur au copital de 250 000 F. SIRET 402 308 936 CCG10 - ARE 770 6. ..i.

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