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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I started working with a creditcard terminal merchant 3 years

Resolved Question:

I started working with a creditcard terminal merchant 3 years ago, didnt know i was actually contracted by 3 differnet firms, 1 to handle the payment, 1 leasecomp for the terminal and another one. in the notes I took when agreing they said 3 years and then a month notice to stop. they never mentioned the lease on the terminal was 5 years... why would these terms be different anyway. but I did sign it but without knowing. now to stop this contract they say I need to pay the remainder 2 years of lease which is 650 pounds...
the machine doesnt even cost this much, anything i can do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this0.

Alex Watts :

Did you sign any terms or a contract please?

Customer:

15 pages, with a lot of info and in a small corner it said 60 months. but was never made aware of the different contracts with different terms. but i did sign it..

Customer:

not sure I do this chat thing ok?

Alex Watts :

Yes I am just considering your response.

Alex Watts :

When did you find out it was 5 years?

Customer:

ohhh sorry

Customer:

just now when i checked on how long i had left on my contract

Customer:

its not a big deal, just was annoyed that they sold me 2 diff contracts which end on diff dates.. also technology doesnt really last 5 years,, so my terminal would be so out of date after 5 y

Customer:

felt a bit conned

Customer:

you still there?

Alex Watts :

How long have you had the contract for? Why did you not read it before?

Customer:

To clear it up a bit, It was not made clear to me that there would be a separate 5year contract for the equipment, but i does state in small letters in the contract.

Customer:

Is there anything I can do or not?

Customer:

I have been in contract with them since jan 2012

Customer:

And your last question sounds a bit like a question my nan would ask but doesnt really get us anywhere

Alex Watts :

Is there anything you can do - in reality no I am sorry to say

Alex Watts :

If you had signed it a few weeks ago and noticed it, that may be something you could have done something about

Alex Watts :

But given you have been with them for 3 years then this makes it far harder to argue,

Alex Watts :

If you are a consumer then they need to draw your attention to unusual or onerous terms

Alex Watts :

As you are in business if it went to Court a Judge would ask if you read it and why did you sign it if you did not read and understand the terms.

Alex Watts :

Your understanding of a contract as a businessman is expected to be far higher than a consumer

Customer:

So in other words we should be able to do something because 5 years is clearly unusual and onerous and they didn't draw our attention to it. They actively told us the contract was 3 years without indicating there was a "hidden" part that was 5 years.

Alex Watts :

As such I am of the view rhat

Alex Watts :

sadly I don't think the Court would uphold it

Alex Watts :

If it was hidden as a businessman in a business to business contract there is nothing you can do

Alex Watts :

A Court would expect you to read fully a contract and take advice

Alex Watts :

A Court is not likely to interfere with a business contract

Alex Watts :

You can try and claim that, I am not saying you can not - but it is a very big uphill battle.

Alex Watts :

Sadly if you lose in Court you would also be responsible for the legal costs of the other side - that is the litigation risk

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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