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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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We made a silly mistake and forgot to put the date on a notice

Resolved Question:

We made a silly mistake and forgot to put the date on a notice period letter and this one was singed by the CEO. It is for a license agreement that we want to terminate.

I sent another letter on the same day with the date but not the signature as he had left.
Legally do we require the signature again. Or do both letters suffice?

thanks
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Is the notice being given by a company?

Customer:

Hello. Yes

tdlawyer :

Okay. And why do you need to have a specific date in the letter, is this required by the agreement you're trying to terminate?

Customer:

No it isn't. But we unfortunately signed a license agreement ending on 06/10/14 & we were lead to believe it was a monthly agreement but we need to leave earlier and we cannot continue to pay until that date. So we thought the decent thing to do is to give at least month's notice before leave. No legal advice has been given as of yet.

Customer:

Firstly I want to know is our letters sufficient enough for a notice period.

Customer:

Secondly if this goes to court what chances do we have?

tdlawyer :

Okay. Does the agreement signed actually allow you to leave on a month's notice though? If not, then they will say you're tied in until October this year.

tdlawyer :

A notice period letter indicating that it gives "a months" notice is usually sufficient - unless you have to put dates in it, but your agreement you say doesn't contain that obligation.

Customer:

Yes the license agreement does end 06/10/14

tdlawyer :

Okay Then unless it says you can give a month's notice, then you would not be entitled to end early.

Customer:

So we will be liable to pay for these services even though we won't be using them?

tdlawyer :

Did they lie to you when they got you to enter the agreement, by telling you it was monthly?

Customer:

Yes but verbally. Plus they changed the agreement 3 times and it was initially under one of our employees name because we didn't have a company account at that time

tdlawyer :

You might be able to claim fraudulent misrepresentation if they knew what they were telling you was untrue. But you're right, it might be your word against theirs about this, but if the court believes you, you would be entitled to end the agreement.

Customer:

They also cut off our lines and internet without notification and I included this reason on the notice period.

tdlawyer :

Otherwise, yes, you might be locked into the agreement until it expires in Oct 2014.

Customer:

Going back to the notice period the first letter I sent has the CEO's signature but the letter isn't dated which was a bad mistake. But I sent another letter dated on the same but just my name on it & no signature. Does this still qualify or does it need to signed?

Customer:

I just need to confirm that.

tdlawyer :

Yes, it sholuld still qualify, but the best thing to do is send it again, with signature.

Customer:

With today's date or the previous date?

Customer:

can it be back dated?

tdlawyer :

With today's date, just saying you noticed the last one was unsigned, but that it was intended to be, but for good order you send this now. Say that you still consider the earlier notice valid anyway.

Customer:

ok perfect

Customer:

many thanks,

tdlawyer :

Thank you. XXXXX ask whether you're happy with today's service please?

Customer:

Yes I am.

tdlawyer :

Great. Thank you for your time today. Have a great day and if you need anything more, let me know.

Customer:

great

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