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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a small business and have had on two occasions in the

Resolved Question:

I have a small business and have had on two occasions in the past three months had my telephone system hacked into which has cost me near enough £1000.00 pounds !!
I have contacted the two companies who firstly is the company that the system is rented from and also the company who we pay for the lines. The situation is that we have previously paid one bill of around £500.00 and are now landed with another of around the same cost. My opinion is that one or the other of the companies should provide the telephone security to stop this happening for the amount of money they are charging me that should be included by either but find they are passing the responsibility on to each other. My first question to either is that as they were aware of a previous problem which they were notified about when it happened, why have they NOT stopped this happening again ?

Do people think that we have a open cheque book and they can pass on charges which should not be allowed to happen which are not the companies actual costs. The reason that I have contacted you of this problem is that we have tried to get out of this agreement on more than one occasion and found that in a word that they have us in a situation that we cannot get out of it but are doing nothing for their money which is proved in a situation like this. Please could you give me advice on this at your earliest convenience.

Regards

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

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there a termination clause please?
Customer:

yes its a long term rental that we got stitched up with and have on previous occasions tried to get out of it and failed.

Alex Watts : But does it allow you to cancel?
Customer:

no, we accept we have this to pay until the lease is completed but the problem is that why should we be picking up tabs for this type of charge when in my opinion this should be covered by fire walls or something to stop this happening.

Alex Watts : So it's their fault ?
Customer:

Well, that is the question that I am asking should someone you are renting a system from be responsible for giving you a fool proof service to prevent such things happening, I am not clear on this

Alex Watts :

They have a duty under Section 13 of the Sale of Goods and Services Act 1982 to act with all reasonable skill and care

Alex Watts :

If you lease the system they are responsible for it

Alex Watts :

Therefore any losses such as the £1000 they are liable for

Alex Watts :

Any losses they are responsible because of the implied term by law.

Alex Watts :

therefore they should either pay you for the costs or release you from the contract

Alex Watts :

They are liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for this, I will get back to you if necessary but I do appreciate you very quick response. Ian

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/
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