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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If a company after 18 months after a letter from a solicitor

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If a company after 18 months after a letter from a solicitor terminating a contract has not responded to the termination of contract. Is the contract termed as "null and void"?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello can you please provide more details of what has happened?

Customer: replied 1 year ago.
Made part payment of a timeshare, discovered it was not as advertised, felt conned so got a solicitor involved who terminated contract by letter, 18 months ago . Seems the company concerned after 18 months after loads of letters etc from our solicitor still have not acknowledged cancellation, and now asking for completion of payment. I just wanted a second opinion
Customer: replied 1 year ago.
Our solicitor is still working at it
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

For a cancellation to be valid it is not legally necessary for there to be an acceptance by the party subject to the cancellation, unless the contract specifically required for an acceptance before a cancellation becomes effective. Even in these circumstances, it is possible to argue that the contract is void anyway, whether there was an acceptance or not. This would be under the argument of breach of contract or misrepresentation – i.e. if you were influenced to enter into to the contract on false pretences and were generally misled into it, then the contract as a whole can be unenforceable. Therefore, your communication that you were cancelling would be sufficient, regardless of whether the other side acknowledged this or replied with an acceptance. Generally, in law there is no formal requirement for an acceptance of a cancellation for it to be valid – all that is required is that the valid cancellation is effectively communicated to the other party.

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