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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I signed a contract over five years but the clause

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I signed a contract for services over five years but the clause defining the contract term was deleted at my request because I was not prepared to commit for the whole of the contract. The deletion was initialed by the service company (Not myself). There were no terms of business and no termination clause. I no longer require the services which are quite expensive. Am I still liable to continue until the end of the contract. I maintain that I agreed to the terms but did not commit for 5 years.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If there is no end date then there should be some information upon how to cancel in the contract?
Customer: replied 1 year ago.
There was an end date. As advised the contract term had 2 years left to run but there was no termination clause and no terms of business apart from the obligation for the service provider to provide certain services and us to pay a monthly fee.
Expert:  Jo C. replied 1 year ago.
Sorry, that doesn't make sense.
I thought you deleted the end date?
Customer: replied 1 year ago.
The contract term is shown as 60 mths. I insisted that the service provider deleted the clause below as I did not wish to be committed for the whole of the term. The service provider initialled the deletion before I signed.
" This agreement shall commence on the start date and shall continue for the contract period and automatic renew thereafter for successive contract periods on the same fee structure unless terminated by either party etc.".
Expert:  Jo C. replied 1 year ago.
Well, that would suggest there is no end date then.
Contracts with no clear end date or cancellation clause always present difficulties. On one reading they cannot be cancelled but a Court would not accept that as it would lack certainty and anyway be unfair within the meaning of UCTA.
Then it is left with determining how notice should be given. Generally speaking a court would accept notice in the form of one term of the payment period.
It is a risk but if they went to court that would almost certainly be the outcome.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks that clarifies the position which is how I had interpreted it.Best wishes
Andy
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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