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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Id like to cancel an agreement as I am not happy with the

Customer Question

I'd like to cancel an agreement as I am not happy with the service - mentors are negative/discouraging, and just do not give enough detail. And as my situation has changed what I want to do now I don't really need them for anyway. It is a one page agreement, I just want to do this amicably and fairly. I am working with a friend who I think wants out of the agreement too, I want to make sure he isn't iable for my share and it can work for both of us as he feels as I do.

Agreement:

This agreement dated 22/11/2013 is between:......... & ...........
and:
.............. and .............. (mentors).

Your contract will run for an initial period of 12 months at a cost of £450 per month, with an initial deposit of £450 paid on acceptance (receipt hereby acknowledged) followed by 11 monthly payments of £450 due on 1st of each month. There may be an offer to extend upon completion of the initial period.

Your contract is for the following:-
In the first 3 months: 3 x face to face meetings of up to 3 hours each and 5 x telephone meetings of up to an 30-60 minutes each;
In the following 9 months: 9 face to face meetings of up to 3 hours each;
E-mail access at any time; Telephone access during business hours Mon-Fri 9am-5pm (outside these hours, only with agreement)
Discounted access to training events run by the mentors.

You will give at least 24 hours notice when cancelling a booked session. Late arrival may result in your session being cut short.

In order to gain maximum benefit from your meetings you must agree to:
Be open and honest with your mentor in order to give him a true and realistic picture of you and your life.
Answer questions that may be of a very personal nature for the purpose of clarifying issues you may have.
Make a genuine effort to meet any goals set for you by your mentor.
Listen to and act upon information and advice your mentor gives you with a view to making impacting changes to your current situation.

The mentor does not guarantee any results (including achievement of goals) and is not responsible for any events that occur directly or indirectly as a result of the programme.

The mentor will not give you any direct advice or counselling in medical or legal issues but may offer referral to other professionals. You agree to consider any suggestions made by the mentor. You are responsible for any outcome of dealings with these professionals.

Any intellectual property used in the mentor programme is confidential and remains the property of the mentor and must not be copied.

You and your mentor agree to respect each others confidentiality and anything discussed during your sessions will not be disclosed to any other persons without the others consent.

This contract is agreed on

Between:
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : You want someone just to review the text in the above agreement, is that right?
JACUSTOMER-u16lef9w- :

Hi Alex, I take it you are dealing with my query, thanks very much in advance. I will be around off and on for the rest of the day and tomorrow for when you have some time.

JACUSTOMER-u16lef9w- :

Kind Regards

JACUSTOMER-u16lef9w- :

Donna

JACUSTOMER-u16lef9w- :

FYI: Im not sure why it has todays date, it was actually made on 5th July 2013

JACUSTOMER-u16lef9w- :

And yes sorry in answer to your question, yes please just a way out, whereby I am not liable for costs as I think I have paid too much already for very little. Thanks

Alex Watts : Ok. So the agreement is going to be signed and you want to make sure it is tight?
Alex Watts : i don't know why it days July either, it's too cold for tha.
Alex Watts : that
Alex Watts : I am just on the train so may be on and offline.
Alex Watts : ok. So the agreement was signed in July - have I got that right?
JACUSTOMER-u16lef9w- :

I signed it in July, I want out early it is a one year agreement.

JACUSTOMER-u16lef9w- :

I'm not happy I want out, no costs, I have spent months with them and don't feel any benefit.

Alex Watts :

Do you pay £450 a month or do they pay you please?

JACUSTOMER-u16lef9w- :

I pay £225, my friend pays £225

JACUSTOMER-u16lef9w- :

So to be clear, I signed up with them in July for one year. I want to end the contract early with them and not pay them for the remainder of the contract.

Alex Watts :

Can you get out? Well its a mixture of news.

Alex Watts :

The bad news is that it is for 12 months as you know.

Alex Watts :

But if the service is poor and they have breached their obligations you can claim a breach of contract and end it early.

Alex Watts :

But as it stands if you want to get out just because you do not like it, you can not.

Alex Watts :

You need a good reason to get out. So for example if they are meant to be providing X and they do not, you can claim this a breach and end the contract - but it needs to be so serious that it destroys the relationship

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-u16lef9w- :

But the contract is not clear on the type of service I feel is fair. Isn't the ambiguity an issue?

Alex Watts :

Yes but that is just poor drafting of the contract. But that is not reason enough to get out.

Alex Watts :

If the service provided is poor then that is one thing, but if they are simply not carrying it out, that is another.

Alex Watts :

It is only if the service has broken down between you both could you end it

Alex Watts :

Does that help?

JACUSTOMER-u16lef9w- :

Well, I have dealt with publishing contracts myself for a while now and I thought this being a simple one page ambiguous document there would be something to be done about it.

Alex Watts :

I see. If you have had to do that, then that can be considered a major breach which means you can end it.

Alex Watts :

As long as you can document that is so, then you can end it.

JACUSTOMER-u16lef9w- :

Do what ?

Alex Watts :

End it.

Alex Watts :

Make sure you have evidence they have not done the work they are meant to and you can end the contract early

JACUSTOMER-u16lef9w- :

I'm sorry Im not clear here. Ending the contract would be considered a major breach which means I can end it???

Alex Watts :

Sorry my fault.

Alex Watts :

If they have carried out the services to which you are paying the £450 a month and you have evidence, then you can end the contract.

Alex Watts :

If the purpose of the contract was for them to carry out work and they either have not do so or it is has been to such a low standard, you can end it early

JACUSTOMER-u16lef9w- :

There isn't evidence per say. They have done what they have said - met at times stated etc on the contract but poorly. That is probably why it is so ambiguous to serve them..

Alex Watts :

I see.

Alex Watts :

If it is poor then on that basis you could end it by giving notice.

JACUSTOMER-u16lef9w- :

If they hadn't met once say.. I couldn't make one meeting they wouldn't reschedule for me - my friend went but they wouldn't change the date so I could go. Would that count as a breach?

Alex Watts :

Yes

JACUSTOMER-u16lef9w- :

Ok I would state I wasn't happy, give one months notice? But notice is not specified. if they decided to take me to court, what would be deemed fair for me to do?

Alex Watts :

The Judge would look and see if they breached it by doing the work poor.

JACUSTOMER-u16lef9w- :

Ok, I think that helps knowing that - but they could argue we are a pair and as one of us made it they count it as we signed up together.

Alex Watts :

If that is the case the Judge may say you do not have to pay them anything

JACUSTOMER-u16lef9w- :

But I can't prove it was poor?

Alex Watts :

But both you and your friend could say it was poor and that would be evidence

JACUSTOMER-u16lef9w- :

Sorry I know that isn't helpful..

JACUSTOMER-u16lef9w- :

Oh really...

JACUSTOMER-u16lef9w- :

I see, ok well mentoring is a personal thing.. I find them demotivating rather than ecouraging.. so I could argue that? Is there anything else I could use that is a bit more concrete though...?

Alex Watts :

Yes

Alex Watts :

Does that help?

JACUSTOMER-u16lef9w- :

I was hoping to get it sorted quickly rather than my saying im not happy etc, then them possibly wanting to challenge me and take it to court..

Alex Watts :

Sadly the contract does not allow for that - it is poorly drafted

Alex Watts :

I realise it is not the answer you want and certainly not the one I want to give, but I have a duty to be honest with you.

JACUSTOMER-u16lef9w- :

I see, I thought that would help my side if things were to go sourly, but I see it doesn't.. if it goes to court they could argue they do give a good service and I am just trying to get out of it.. which is not the case, I would pay if it was helping..

JACUSTOMER-u16lef9w- :

I see, yes of course, well thank you for your help.

Alex Watts :

Yes of course.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I help further?

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