Hi, they have come back with this as a response: Hi XXXX, I am not concerned with what you are or are not prepared to accept. The fact is that by the conduct of both parties the contract continued. We invoiced you, as the contract provided, for a years’ maintenance fee in advance, in December 2012 and December 2013. You paid those invoices. We invoiced you again for a years’ maintenance fee in December 2014. Instead of paying, you purport to give the 90 days’ notice to terminate clause 3 of the contract demands, only it does not expire at the end of the contract term – 7 December 2015. Clearly, you were quite happy to adhere to the contract terms when it suited you, but now that it does not, you seek to avoid those very same terms. So far as Dataquest is concerned, your failure to terminate the contract with effect from 8 December 2012 means the contract entered into a further five year term. However, given our previous relationship, I am prepared to accept termination with effect from 8 December 2015, provided our invoice of 31 December is paid. Please ensure payment is made within the next seven days. In default, legal proceedings will be instituted without further delay or notice. This maintenance of the Ricoh equipment is covered by a separate reprographics maintenance equipment and is unaffected by proceedings we will serve to recover this cost. Yours faithfully, XXX
Hi Arran thanks for requesting me again
no problem :)
You should write back and say this
However you can refuse to pay. At worst they can issue a claim in the County Court. If its for £10,000 or below then it will be a small claim and legal costs cant be recovered.
Even if the Judge finds against you if you pay within 30 days any County Court Judgment is cancelled
Can I clarify anything for you about this?
what should i reply with?
the total amount is only £2000 but its the principle of the situation
There we go so it would be a small claim. Can't you see my response to reply above?
Does that help?
There is no provision in the contract which you seek to rely upon that allows for the contract to be accepted. There has been no notice by us to extend the contract annually. There has been no notice by you to extend the contract annually. Therefore we are exercising our right to serve 90 days notice. If you are in any doubt as to your position I suggest you take independent legal advice.
:) will rate excellent again
If I could ask you to rate as always please. Remember if you need me in future start questions: For Alex W - as there are 3 Alex's on here! Thanks
no problem i will save your page to my favourites....