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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I agreed to place an advertisement on email months

Customer Question

I agreed to place an advertisement on email for six months minimum. Notice to be given in
writing. I mislaid the contract and gave verbal notice.This the other party claims my notice was invalid as it was not in writing. Your opinion would be appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Did you place the advert as a business?

JACUSTOMER-0jauigzd- :

Yes. Actually the agreement in large heavy type stated SIX MONTHS Agreement then in smaller type stated this agreement

JACUSTOMER-0jauigzd- :

cont.--can only be cancelled in writing

JACUSTOMER-0jauigzd- :

in Google

Customer:

Unfortunately in business to business contracts you will be deemed to have entered the contract as an equal party and be bound by the terms in the written contract. This means that if you did not give notice in writing then the other party does not have to accept it. This means that if you try to cancel the contract without written notice you will be in breach of contract and the company can try to sue you for any losses they suffer as a result of the breach.

JACUSTOMER-0jauigzd- :

P.S. I actually cancelled the direct at 5 months.

Customer:

Hi can you see my answer above. If notice was given orally when the contract requires it to be in writing the company do not have to accept the notice.

Customer:

If you have any further questions about this please do ask.

Customer:

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.

JACUSTOMER-0jauigzd- :

My reason for cancelling was in my opinion they did not keep their promise to keep my business name at the top of the

Customer:

If they have misrepresented the contract in some way and missold to you you can argue that they misrepresented the contract. You should write to tell them that and consider a counterclaim if they claim against ou.

Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The contract was dated September 2012.The agreement should have

terminated in March 2013. They did not attempt to raise their claim until

February 2015 Almost two years after my attempt to terminate.

Thank you for reply.

Expert:  Jenny replied 2 years ago.
Hi they are within the limitation period for breach of contract claims by presenting this claim then. You should write to them to say you will counter claim on the basis of misrepresentation if they do not drop the claim.
This may put them off. If they still claim then you should consider settling otherwise you may have to pay their legal costs as well as the notice.
Customer: replied 2 years ago.

May I please refer to your email of yesterday 25th time 13:49

I earlier made the comment that the last payment I made to the Principals of the contract was in March 2013.They did not raise the issue until about 15th February 2015. Does this mean they were outside the limits in time,

Thanks

Don Whelan t

Expert:  Jenny replied 2 years ago.
No they have 6 years to bring a breach of contract claim so they are within time.