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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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sir we have a contract with direct hygiene 365 collection

Resolved Question:

sir
we have a contract with direct hygiene 365 for the collection of medical waste we have had poor service over the passed 3 years with missed collections late collections i have given them 3 months notice that wish to terminate my agreement but they say that they will not cancel my agreement ..... i have never signed up to a agreement but over the telephone in 2013 for a 12 month contract rolling after that
this was in there small print
2. Contract Period:
The hiring of the units will commence on the installed date and continue for the initial contract period of 12
months unless otherwise agreed within the “confirmation of order” and thereafter indefinitely until the Hirer
gives the Owner three months prior written notice to terminate the agreement on the anniversary of the
commencement date
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

sir
we have a contract with direct hygiene 365 for the collection of medical waste we have had poor service over the passed 3 years with missed collections late collections i have given them 3 months notice that wish to terminate my agreement but they say that they will not cancel my agreement ..... i have never signed up to a agreement but over the telephone in 2013 for a 12 month contract rolling after that

this was in there small print

2. Contract Period:
The hiring of the units will commence on the installed date and continue for the initial contract period of 12
months unless otherwise agreed within the “confirmation of order” and thereafter indefinitely until the Hirer
gives the Owner three months prior written notice to terminate the agreement on the anniversary of the
commencement date

Expert:  Jo C. replied 2 years ago.
Yes, I've read the facts.
What would you like to know about this please?
Customer: replied 2 years ago.

how do i candle this contract

Expert:  Jo C. replied 2 years ago.
What is the commencement date please?
Customer: replied 2 years ago.
22/4/13
Expert:  Jo C. replied 2 years ago.
Ok.
When did you give notice?
Customer: replied 2 years ago.

jan 28th 2015

Expert:  Jo C. replied 2 years ago.
Thanks.
There isn't really a way around the fact that you are in breach of the ostensible contract. They seek to bind you into a notice period of three months. That means that notice must be served three months before the commencement date or it will roll over. In this case it was not. You only just missed it but you did miss it.
You have a variety of options. You could refuse to pay and ask them to prove that this does not offend against UCTA. Rolling contracts have been criticised by the Courts although those cases did involve much longer rolling contracts and they were consumers rather than business customers. Even if they did win on that point though they would only have a lost profits claim rather than the full sum due under the contract.
You could also ask them to prove the terms of the original contract. Whether or not you signed it is a non issue if it was available elsewhere for you to view.
If you are saying their work is substandard then that does give rise to breaches of the contract. They may not be enough to cancel but they are enough to counter claim which would probably deter them.
Or you could offer a lesser sum in full and final settlement if you want to put this to bed.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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