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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.
FYI: Im not sure why it has todays date, it was actually made on 5th July 2013
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
I signed it in July, I want out early it is a one year agreement.
I'm not happy I want out, no costs, I have spent months with them and don't feel any benefit.
Do you pay £450 a month or do they pay you please?
I pay £225, my friend pays £225
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.
Can you get out? Well its a mixture of news.
The bad news is that it is for 12 months as you know.
But if the service is poor and they have breached their obligations you can claim a breach of contract and end it early.
But as it stands if you want to get out just because you do not like it, you can not.
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
Can I clarify anything for you about this today please?
But the contract is not clear on the type of service I feel is fair. Isn't the ambiguity an issue?
Yes but that is just poor drafting of the contract. But that is not reason enough to get out.
If the service provided is poor then that is one thing, but if they are simply not carrying it out, that is another.
It is only if the service has broken down between you both could you end it
Does that help?
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.
I see. If you have had to do that, then that can be considered a major breach which means you can end it.
As long as you can document that is so, then you can end it.
Do what ?
Make sure you have evidence they have not done the work they are meant to and you can end the contract early
I'm sorry Im not clear here. Ending the contract would be considered a major breach which means I can end it???
Sorry my fault.
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.
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
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..
If it is poor then on that basis you could end it by giving notice.
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?
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?
The Judge would look and see if they breached it by doing the work poor.
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.
If that is the case the Judge may say you do not have to pay them anything
But I can't prove it was poor?
But both you and your friend could say it was poor and that would be evidence
Sorry I know that isn't helpful..
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...?
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..
Sadly the contract does not allow for that - it is poorly drafted
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.
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..
I see, yes of course, well thank you for your help.
Yes of course.
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