Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long was the message used for beyond the originally agreed contractual term?
I can look up exactly but it was less then 1 year. The point here is that the company (Please Hold - Adam Ryder (their legal officer)) harrassed me for about 24 months before this in order to extort £3600 from us. Mr Ryder could have contacted me to let me know that he is aware of the "copyright breach" but he did not do this.
If the contract had been in place, the annual charge would have been £1200 for one year - but please note that the contract is for their recording service which we did not use after the contract lapsed
The question is about the amount of £2500 which in my view is an unfair penalty and it is not based on any real harm/damage done. Also they did not care about the "breach" and did not take any action to mitigate the so called "breach". I have acted as soon as I was informed about their claim but they still insist that I owe them £2500.
This amount is not based on any contractual obligation therefore the question is about the fair amount that they can claim? I am not sure if I owe them anything but I would accept a fair arrangement but Please Hold are taking me to court to claim this amount. What shall I do?