Collo vs McDo

Correspondence · 20 Oct 1997

Registered letter McDonald's

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

Type
Correspondence
Date
20 Oct 1997
Parties
From McDonald's France

Summary

Summary sheet

Registered letter from McDonald's France — Denis Hennequin · 20 October 1997

Overview: registered letter with acknowledgement of receipt sent by Denis Hennequin, chairman and chief executive of McDonald's France, to Bernard Collorafi, dated 20 October 1997.

Key points

The letter replies to a letter from Mr Collorafi of 3 October 1997 and criticises him for conduct described as hostile for several months: refusal to cooperate with neighbouring franchisees, communication through his lawyer and reluctance to allow the financial checks provided for by the lease-management agreements (location-gérance). The author reports further rejections of direct debits for fees from the companies SEBOL and LES PINS during October, which increase the companies' outstanding balance by 301,500 F, and recalls that McDonald's is not a bank. He demands that all financial information be made available at the audit scheduled for 27 October 1997 and disputes several meeting dates cited by his correspondent.

Significance

The document marks the rise in financial tensions and the shift to the judicial arena, a few months before proceedings were opened.

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McDonald's France 1. rue Gustave Fiffe /8045 Guyenrourt Cedex Télépions 01 30 48 6000 Тёссор с 01 30 48 63 00 Mo Donates Société B et O SARI. Socicté SEBOL 5A Société SARI. LES PINS 2721 Chemin de St Clande 06600 ANTIBES Registered letter AR For the attention of Bernard COLLORAFI Guyancourt, 20.10.199? Bernard. Your letter of 03.10.1997 is in line with the hostile behaviour you have adopted for some months, refusing collaboration with neighbouring colleagues, corresponding with us on certain occasions through your lawyer, preferring to formulate vague and unfounded reproaches rather than cooperating with us, as shown by the ill will in recent months in allowing the financial checks provided for by all the lease-management agreements (*location-gérance*) Since you have chosen the judicial ground, we will respond to you, at the appropriate time, on that ground. You moreover persist in this path since, following the formal notice we sent you, Isabelle received from you, on 13.10 last, a set of financial documents. However, these documents remain incomplete and do not take account of reality: all the statements requested for SARL Les Pins are still missing and the forecasts for 1998 show an optimism which no longer seems appropriate at the present time and shows a manifest will to refuse any discussion, whereas moreover the facts are more and more worrying. Thus the Accounting Department has just forwarded to us two telexes originating respectively from the companies SEBOL SA and SARL LES PINS informing us of new rejections of direct debits of our invoices for the month of October, thereby aggravating the total outstanding amount of the companies you manage by 301,500 F The company McDonald's is not a bank. You benefit from its reputation and its high-performing operating system without wanting to assume the corresponding obligations One does not see how the expansion you claim could be permitted when the companies that you manage do not demonstrate the eligibility criteria, and have, quite to the contrary, an aggravated debit balance of I therefore recommend that you make available to the financial advisers, during the audit which will take place on 27 October 1997, all the financial elements necessary for the assessment of the situation. MEDonald's France Services GARDel canita de F. F- ROS Versailles B 20L 30N 3.58 McDonalds As you know, this was not the case during the visit of Jean-Christophe GAUMIER on 15.05.1997 since the documents presented on that occasion lacked so much precision and reliability that the financial review proved impossible. As regards the other dates you mention in your letter to Isabelle, it seems that you have recorded a good number of errors in your diary: the date of 07.05 originally planned for the financial review was replaced by that of 15.05 above, the date of 2%.04.97 corresponds to the VIP event of Antibes Ouest which, as you know very well, was not a working meeting but the party organised for the opening of the third restaurant of Antibes, and as for 05.03.97, Jean-Christophe made no trip that day. Please accept my sincere regards. DHar Denis HENNEQUIN Chairman and Chief Executive Officer MeDonald's France Services SARL au capital de 37.360.400 | - RON Versailles I* 401 30X 35X

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