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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Madam, We have taken out a phone system and

Resolved Question:

Dear Sir / Madam,
We have taken out a phone system and contract with supplier.
The system was installed approx 2 years ago and within weeks we were experiencing problems such as voice calls being dropped, distaughted sounds, phones not working etc.
We gave the company opportunities to resolve our complaints. This would usually involve an onsite repair which would improve the system for a week or 2 and then the problems came back.
I can honestly say in the 2 years we have had over 15 complaints which we have evidence of via email correspondence.
We have finally lost faith in the company and we have asked then to cancel our contract. Their response was we still have 3 years left on the service contract and they want £14,000 cancellation fees.
They claim that the company who sold us the product and installed it is separate to the company who services it. (although both companies are owned by the same director).
I am looking to take legal action against this company to get out of the contract. How am i best going about this? Would the small claims route be the best option?
I feel I have a case under the Supply of Goods & Services act.
Please advise.
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What does the contract say about cancellation?
Customer: replied 2 years ago.

Hi there,

I dont have the contract to hand but i have requested it.

Is there anything specifically i should check?

thanks

Expert:  Ash replied 2 years ago.
Yes. Cancellation and breach by them.
Alex
Customer: replied 2 years ago.

In terms of my original question, would this be a case for the small claims court? Or another avenue of legal action? Thanks

Expert:  Ash replied 2 years ago.
Yes if any claim is £10,000 or under. I agree it's section 13 of the sale and supply of goods and services act.
Alex
Customer: replied 2 years ago.

Thanks - in terms of going through the money claims route. What would i claim for? I thought the money claim was for a financial claim. All i want is to end the contract. Thanks

Expert:  Ash replied 2 years ago.
All you do is cancel and don't pay. It would be for them to take action against you. If they do you can defend and issue a counter claim against them for breach of contract and any additional costs you incurred as s result.
So really you don't need to do anything.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex