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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A tendering company called QSL signed us up for a free trial

Resolved Question:

A tendering company called QSL signed us up for a free trial of their tendering service just over a year ago. The trial was for 4 weeks and then if we didn't cancel, then they had it covered in their terms and conditions that they would automatically sign us up for a years contract at £795.00 + VAT. We hadn't realised we were supposed to cancel, and so they issued us with an invoice which we finally paid a few weeks late after realising our mistake.
Now, 1 year later, they have just issued us with another invoice for another years service. When we got the invoice on the 2nd June we contacted them and they said we should have cancelled by the 23rd May if we didnt want it to automatically renew. We haven't even used the service for months, and have no interest in doing so. We immediately went online and cancelled the contract (on the 2nd June), but there is no offer of refund or part refund. They are now chasing the invoice.
I have no proof of what their T's & C's said at the time of signing up, but we certainly weren't aware of it being an automatic renewal.
This doesn't seem fair, or reasonable, is there anything we can do?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
I am afraid you cannot do anything now over and above what you have already done I.e. Cancelled the contract.
You may now wait and let them take the first move e.g. See if they file a court claim against you for the unpaid invoice, which you may then defend on the ground that their terms and conditions are unreasonable and they are unjustly enriching themselves as your expense.
Or you may settle their invoice knowing that you have noteworthy cancelled the contract and knowing that you may use their service for the year you have to pay for.
May I help further?
Customer: replied 3 years ago.

Thankyou. The 2 defences you mention - "that their terms and conditions are unreasonable and they are unjustly enriching themselves as your expense" - are these both recognised as legitimate complaints? Or what terms shoudl I use that would be understood in a court?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, these are well known legal terms but they are not guaranteed defences,.

At the end of the day, the court will have the final say over whether or not they are rightfully allowed to invoice you or not, having looked at the evidence and arguments of either side before it.

Hope this clarifies



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