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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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,we have a provider who we have a telecoms system with,

Resolved Question:

Hi, we have a provider who we have a telecoms system with, the agreement ended in 2012 and has been rolling ever since. in the terms and conditions it states that we need to provide a 90 day notice period. i tried to serve notice on the 28th January however they told me that the contract had auto renewed for another year and we were stuck in it. no where in our contract does it state that it auto renews and the telecoms provider is now saying: "It doesn’t specifically say that. The initial period agreed is for five years and by the letter of the contract for further periods of five years. Obviously if we enforced that you would still be in contract until December 2017and would therefore have two further periods after this year to pay for minus the allowed discount for early settlement. However we play with a straight bat and have been extending annually, which you have paying since the agreement expired, and by your actions have affirmed your acceptance of another period by using the service irrespective of the fact that you didn’t provide 90 days’ notice in order to cancel. " It does not state that we have a 5 year renewal either? are we in our legal right to hand our notice in? thanks in advance, XXX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

HelloXXX my name is ***** ***** I will help you with this.

Alex Watts :

Does it say anywhere, for the avoidance of any misunderstanding that it would automatically renew?

Alex Watts :

Have you been serving annual notice to renew since the old one expired?

JACUSTOMER-0te2e6z2- :

Hi, i am not too sure it really is a strange one it doesn't specify much at all

JACUSTOMER-0te2e6z2- :

i will attach a picture

JACUSTOMER-0te2e6z2- :

of the section that is mentioned

Alex Watts :

Ok, but it does not say it automatically renews, that is the key?

Alex Watts :

And you have been serving notices to renew annually?

JACUSTOMER-0te2e6z2- :
Full Size Image
JACUSTOMER-0te2e6z2- :

we haven't been serving anything, they just automatically do it but we wish to replace them as a supplier

JACUSTOMER-0te2e6z2- :

it sort of ticks over and they invoice us for a year in advance

JACUSTOMER-0te2e6z2- :

but their contract doesn't mention at all that they are renewing for 12 months

JACUSTOMER-0te2e6z2- :

it only states the original 5 year term

JACUSTOMER-0te2e6z2- :

it mentions as agreed but there is nothing in writing about this "agreed" time

Alex Watts :

Ok, well in my view they can not do anything. The agreement was for 5 years, there is no provision for extension. In fact it just says that its 5 years and you can terminate with 90 days notice.

Alex Watts :

Therefore if the agreement has expired that is their sloppy administration not signing you up to a new contract

Alex Watts :

As such you are not liable.

JACUSTOMER-0te2e6z2- :

so essentially we are in our rights to cancel without any legal action

JACUSTOMER-0te2e6z2- :

which they are threatening

Alex Watts :

They have no term renewing and indeed in any event you only need to give 90 days which you have done

Alex Watts :

They can't tie you in

Alex Watts :

There is no contractual clause they can rely on saying that

JACUSTOMER-0te2e6z2- :

Fantastic thats all i needed to know, i have one side thing though we have another agreement with them that we are locked into. are they still liable to support us with that even when in dispute with regards ***** ***** one?

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Yes they can threaten but they have no contract

JACUSTOMER-0te2e6z2- :

fantastic :) thank you so much for your help. how can i word a response to their legal threats in a way where it is not inviting it as such?

Alex Watts :

Just that they have no clause in the contract to hold you to the period they suggest.

Alex Watts :

Therefore any obligation they believe they have has eneded

Alex Watts :

Does that clarify?

Alex Watts :

The contract has ended.

JACUSTOMER-0te2e6z2- :

fantastic thats everything! thank you so so much for your help and clarity

JACUSTOMER-0te2e6z2- :

have a good day :)

Alex Watts :

And you. Please remember to rate my answer before you go today, the button should be at the bottom of the screen

JACUSTOMER-0te2e6z2- :

Have Done ;)

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