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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I am in an agreement with my Phone and Broadband provider for

Customer Question

I am in an agreement with my Phone and Broadband provider for business however the price is extortinate, I never signed an agreement but have been using the service for 5 months can I get out of it?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today.
Customer: replied 1 year ago.

Hi Alice

I am in an agreement with my Phone and Broadband provider for business however the price is extortinate, I never signed an agreement but have been using the service for 5 months can I get out of it?



Optional Information:
System of Law: England-and-Wales

Already Tried:
Mediation with the provider, however the sales contact threatend me with legal action and cutting our main number off, we have had the same number for 15 years and would jeopordise our business if we loose it.

Expert:  Alice H replied 1 year ago.
Even though you have not signed a contract you are deemed to have entered a legally binding agreement by virtue of the fact that you have been using the service (and presumably paying the charges to date). Therefore, if you cancel the arrangement mid-term you may well find the company will charge an exit penalty equivalent to the charge set out in the unsigned contract - any argument that you should not be bound by such an arrangement is unlikely to succeed. So, you could probably the exit the arrangement but will probably end up paying a penalty or you can cancel the arrangement at the end of the term and not renew.
Customer: replied 1 year ago.

What if the quotation they provided us was significantly different to what service we are receiving?

Expert:  Alice H replied 1 year ago.
Please clarify what you mean.
Customer: replied 1 year ago.

The quote we were given was for 18 pounds per handset inc VAT, however we are being charged 129.88 ex vat and we only have 5 handsets?

Expert:  Alice H replied 1 year ago.
It would have been best to cancel the agreement within a reasonable amount of time on the basis that you were being charged a different fee to the one quoted. Your difficulty is that you have by implication accepted the higher fee because of your usage and payment. In other words you should not have accepted the agreement at the higher rate.

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