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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My factoring contract has this clause Minimum contract

Customer Question

My factoring contract has this clause

Minimum contract to be extended until 13th March 2014 plus three months notice.

This contract has not been renewed and I want to move to another provider but the current provider is insisting hat I have to give three months notice, is this legal?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 :

It automatically rolls on unless you give 3 months notice, have I understood please?

JACUSTOMER-ukxnps8e- : I want out, but they are insisting I have to give 3 months notice, the contract expired in March.
Alex Watts :

But does the contract states it rolls on until you cancel or auto-renews?

JACUSTOMER-ukxnps8e- : Is it true that no clause survives beyond the life of a contract? If so as the contract expired in march I should have not give the three months notoce
JACUSTOMER-ukxnps8e- : It stares
Alex Watts :

Does the contract say it rolls on or it is for a fixed term please?

JACUSTOMER-ukxnps8e- : minimum contract until 14 March 2014 plus three months notice.
Alex Watts :

Ok - its bad news then I am afraid.

Alex Watts :

It is like a mobile phone contract

Alex Watts :

It has a minimum term, which means it is the shortest it can be

Alex Watts :

Unless the contract states it is for a fixed term it would continue

Alex Watts :

That means sadly you do have to give 3 months to terminate it

Alex Watts :

It is just like a mobile phone contract which keeps going, or indeed like your home telephone contract

Alex Watts :

So yes it is legal and yes it is 3 months

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ukxnps8e- : That is fine
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’.

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