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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, they have come back with this as a response:

Customer Question

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

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

Hi Arran thanks for requesting me again

JACUSTOMER-0te2e6z2- :

no problem :)

Alex Watts :

You should write back and say this

Alex Watts :

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.

Alex Watts :

Even if the Judge finds against you if you pay within 30 days any County Court Judgment is cancelled

Alex Watts :

Can I clarify anything for you about this?

JACUSTOMER-0te2e6z2- :

what should i reply with?

JACUSTOMER-0te2e6z2- :

the total amount is only £2000 but its the principle of the situation

Alex Watts :

There we go so it would be a small claim. Can't you see my response to reply above?

JACUSTOMER-0te2e6z2- :

no?

Alex Watts :

Does that help?

Alex Watts :

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.

JACUSTOMER-0te2e6z2- :

thats brilliant

JACUSTOMER-0te2e6z2- :

thanks again

JACUSTOMER-0te2e6z2- :

:) will rate excellent again

JACUSTOMER-0te2e6z2- :

take care

Alex Watts :

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

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Remember if you need me in future start questions: W - as there are 3 Alex's on here! Thanks
Customer: replied 2 years ago.

no problem i will save your page to my favourites....

Expert:  Ash replied 2 years ago.
Thank you!