How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I signed a sales contract in January for 1 year ( online by

Customer Question

I signed a sales contract in January for 1 year ( online by digital signature) after a telephone conversation with a rep who promised (verbally ) to promote my service and provide advertising space online for one year - with hindsight his sales claims seem ridicules. The written contract itself only promises the advertising space which is being fulfilled. I received the contract by post and have just noticed that it will auto renew unless I cancelled within 21days of receipt of contract - this seems grossly unfair to me ( I would expect to be able to cancel a few weeks b4 contract expired). If it wasn't for the reps sales claims I would not have signed the contract in the first place. In the contract I agreed to pay the fee by 4 monthly instalments - I have made 2 payments. Can I break the contract?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree any rights of cancellation?
Customer: replied 2 years ago.
I briefly viewed the contract online b4 signing. The renewal stipulation wld have been there to see but I didn't look to closely as I didn't expect such a clause.
It states ' there is no right to cancel this agreement' .
Surely from my point of view this is unfair?
Expert:  Jo C. replied 2 years ago.
Well, possibly but thats not a ground to cancel.

If the essence of this is that you have agreed a bad deal because you didn't read it properly then I'm afraid that is not a misfortune you can pass onto your contractual partner.

Ultimately, its for every person to read what they sign. If you sign a document, even digitally, the law presumes that you are aware of and consent to all of its terms.

You could try to argue that the renewal is unfair within the meaning of the Unfair Terms and Contracts Act and so that particular clause is void. That might have merit. Automatic renewal dates have been criticised anyway and such an immediate requirement could be challenged. Its one of those things that could go either way. Generally speaking courts do expect business customers to be more sophisticated than consumers and the contrary argument is to say that there is an advantage in being able to cancel early when the contract is fresh in your mind. I think overall though, on that particular point, the court would probably find in your favour.

That doesn't do anything about the yearly contract though and it would seem you are locked into that.

If you do cancel unlawfully though they only have a lost profits claim which will be nothing like the sum due under the contract. They may not sue anyway. Often they do not.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok - thanks. I certainly don't want to renew the contract so what would I do to challenge the renewal? I'm assuming if I do nothing I will be locked in for a further yr and they cld possibly sue for not paying for that year.

Personally I doubt they would sue given the nature of their business but don't want to take the chance.
Expert:  Jo C. replied 2 years ago.
In legal theory you could.

You cannot lawfully cancel so all you can do is give ostensible notice in writing and send it recorded delivery so they cannot deny receiving it.

Then just don't pay after the renewal date. They will scream fire and brimstone but may well not sue. Its often not cost effective to sue and also they could lose on that particular point because of UCTA. It is the type of term that a Court would probably say should be fairly prominent in the contract and I bet it is not.
Customer: replied 2 years ago.
Thanks - your advice has been clear and concise.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions