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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70182
Experience:  Over 5 years in practice
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I signed a contract with a company called Internet Media

Customer Question

Hi,
I signed a contract with a company called Internet Media Experts (UK) 2 years ago for some online advertising within the NHS. The sales man said I'd get improved SEO, NHS staff coming and could run offers etc but nothing ever materialized. I actually forgot all about this company until today when a guy said I'm being taken to court as its a rolling two year contract and I didn't cancel it in February when the new contract started.
I asked the legal team if I could cancel today and pay the month that is outstanding and they said no! Am I bound to this?
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.
Do you accept it was a rolling contract?
And that you didn't cancel?
Customer: replied 2 years ago.

I signed the contract (which I've lost) and blinded by the sales mans patter. I didn't know it was rolling...

If I knew it was rolling I wouldn't have taken it.

Expert:  Jo C. replied 2 years ago.
You probably need to check that contract but for the moment we will presume the worst.
If this is a rolling contract and you didn't cancel then on the face of it you are locked in.
The OFT has criticised rolling contracts recently although that is not law. There was always a challenge to rolling contracts under UCTA but it is a little more complicated than people think. Rolling contracts are not unusual. Depending on the length of the rolling period they do not offend against UCTA. The longer the period and the less well advertised it is the more that it is likely to offend.
Even if they do sue though it would only be for lost profits rather than the full price under the contract. They will not get the full sum due even if you are liable.
The truth is that it is not very likely they would sue whatever they are saying on the point now. It is not guaranteed obviously but the chances are not high. People make threats all the time that they will do that and the overwhelming majority don't.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,

Thanks for the answer.

Could you expand on

"The longer the period and the less well advertised it is the more that it is likely to offend" please?

Expert:  Jo C. replied 2 years ago.
I am not sure how to phrase it differently.
The longer the period you are locked in for. How long is the rolling period.
The longer it is the more unfair it is likely to be.
Customer: replied 2 years ago.

That's fine - thanks

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.