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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have signed an agreement for a licence granting me a 3 year

Resolved Question:

I have signed an agreement for a licence granting me a 3 year debenture seat at a sports stadium. Due to personal circumstances I am unable to afford this, I have had my access to the seat cancelled from the start of the season and my option to sell the seat for individual matches. I am now being pursued legally for the full cost of the 1 st season even though I have had no use of the seat and the season is half way through. Do I still have to pay the full amount even though I have been denied the benefits
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What does the contract signed say about termination?
Alex Watts : What was the cost involved?
Customer:

If payment is not received the access to the seat is denied and the full fee is still payable

Customer:

The cost is £2000 a season so I have already lost £1000 of benefits and am being pursued for the full season cost including interest of £2080

Alex Watts : Is it just one season you have not paid? Is this a renewal year after year or a one off payment?
Alex Watts : how is £2080 Interest calculated?
Alex Watts : Did you read the terms before you signed?
Alex Watts : What does it say about termination, ie how you can end it?
Customer:

Hi Alex I have not received your answer yet

Alex Watts : Yes I have asked for more information, can you see?
Customer:

Renewal is every year for 3 years I have not paid the 1st year the fee is £2060. Plus2%interest of £20 I read the terms of the initial agreement however I will need to read a pdf copy of the members handbook to see what it says about termination

Alex Watts :

Ok- can you let me have that as it is quite important

Customer:

Hi Alex, I have have a pdf verson of the handbook however i seem unable to send the file as no attachment option is shown on the toolbar

Alex Watts :

Ok - you can email it to***@******.*** - or just tell me what it says about termination

Customer:

hi alex I will me mail it to you I understand that the defaulyt and tremination sections are numbers 11 and 20.

Customer:

Alex, I have just e mailed a pdf copy of the handbook to *****@******.***

Alex Watts : Ok. It may take 24 hours for admin to forward it on to me. As soon as I get it, I will let you know.
Customer:

ok alex I will wait to hear from you

Alex Watts : Ok
Alex Watts :

I have received this now.

Alex Watts :

It is not good news.

Alex Watts :

The terms are quite clear

Alex Watts :

Sadly they can suspend benefits whilst you are in default, the agreement allows this.

Alex Watts :

Otherwise you could not pay and still use the seat and have all the benefits and until they terminate there would be nothing you can do

Alex Watts :

Clearly this could not happen. It is the same with a mobile phone provider, they can stop you making outgoing calls if you owe them money but still charge you a full monthly rate.

Alex Watts :

Their terms allow it and therefore sadly as you agreed to the terms there is nothing you can do

Alex Watts :

You can't use the seat in default, but then they are still able to charge because the contract allows.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I understand that they have not terminated the contract yet, if they do will I still have to pay the full 3 years as reading the members handbook they talk about if termination happens they will try to re sell the seat to mitigate their loss, would my obligation then end if this happens

Alex Watts :

If they do terminate in theory they can claim the whole lot. However if they resell then you would only pay for the vacant period.

Alex Watts :

However in any event if they cant fill it they can only claim for loss of profit not loss of revenue

Alex Watts :

But yes they have to mitigate their loss

Alex Watts :

Does that help?

Customer:

Hi Alex thanks for the help I have given you excellent feedback. Douglas

Alex Watts : Thank you. If I could ask you to click the happy button, it should be at the bottom of the screen. Thanks.
Alex Watts : If you need more help please click reply.
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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