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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can i get out of this contract?

Resolved Question:

can i get out of this contract?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Which contract do you refer to?
Customer: replied 1 year ago.
ill add the file now containing the contract
Expert:  Jenny replied 1 year ago.
thanks
Customer: replied 1 year ago.
Sorry one of the pages is upside down. hope you can turn it ok in your pdf viewer
Expert:  Jenny replied 1 year ago.
why do you want to terminate the contract?
Customer: replied 1 year ago.
Basically, These scammers told me it was no win no fee on the phone for contesting my VOA business rates. Then I signed the contract they did a 'survey' which consisted of a few photos on an iPhone and they asked they asked for payment. I was told if they didn't win then i didn't pay. They are demanding payment I feel like such a mug.
Expert:  Jenny replied 1 year ago.
So you are saying you entered the contract based upon a misrepresentation? D
Customer: replied 1 year ago.
yes the bloke on the phone said... if you don't get a reduction in my business rates then we don't pay
Customer: replied 1 year ago.
they sent around a 'surveyor' who happens to be the company director. He isn't chartered but he babbled away about the contract. He made no effort to clarify that it wasn't no win no fee.
Customer: replied 1 year ago.
Obviously I signed this on behalf of my limited company based on the information in the phone call.
Expert:  Jenny replied 1 year ago.
Did you read the contract as next to the signature box it clearly states that there is a fee for the survey , is this the money that you are being asked to pay?
Customer: replied 1 year ago.
on the phone i was told the fee was due after the result of the VOA revaluation
Customer: replied 1 year ago.
added the acknowledgement letter which they have attached. That is even for the wrong address to my property? We are barn 2, not Annexe at green farm barns. Does that help me?
Expert:  Jenny replied 1 year ago.
Ok the problem will come down to whether you are deemed to have read the terms and conditions. I really do sympathise with you on this , your starting point should be that the contract has been misrepresented and you signed on the basis of what you were told on the phone and you want to cancel the contract. There is a possibliity though that they may try to sue you in breach of contract and will deny what you say has been said on the phone. Your difficultly if this happens is that you have not read the terms that you have been sent and a court might find in favour of them on that basis. I know that's not what you want to hear but it would be unfair of me to say otherwise. This is particularly the case in a business to business arrangement as opposed to a consumer arrangement. The fact that the barn name is ***** ***** not particularly assist you as small errors do not make a difference to the essence of the contract. Please do let me know if there is anything further you would like to know If I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
but if the payment is due once they get recognition from VOA then they still havent. Because the VOA have notified regarding the Annexe not Barn 2. So doesnt that mean that they havent fulfilled their contract yet so i can still cancel?
Expert:  Jenny replied 1 year ago.
Hi yes in that case they have not performed the service under the contract. You can say that a) the contract was misprepresented to you in the first place andb) they have not performed the work under the contract The contract purports not to let you cancel without their written agreement. Again this may be challenged by them and I am concerned about the point I made earlier about being deemed at arms length when entering into a business to business contract but it may be that they will not bother to pursue it. I would suggest you write to them to cancel the contract. If they do pursue you you will have to defend on the basis of the above.
Customer: replied 1 year ago.
I havent paid the money as of yet. do you think i should pay or write the letter first?
Expert:  Jenny replied 1 year ago.
Do not pay them a penny. Write the letter to cancel. If they threaten you with court action you will have to decide whether it makes economical sense to fight it or not.
Customer: replied 1 year ago.
Do you think they are less likely to pursue if i get a solicitor to write a letter to them?
Expert:  Jenny replied 1 year ago.
I think that they may not bother if they can see you have legal representation.
Customer: replied 1 year ago.
Thanks Jenny, what if i send the letter and then they send the request to barn 2 after? Is the letter you would write on my behalf? if so now much would be the cost
Expert:  Jenny replied 1 year ago.
A solicitors letter is not a service I can offer via this site as it is a question and answer site. You need to see a high street litigation lawyer. They may send the request in respect of the correct property after receiving your letter you will have to say that they were not instructed to do so. All the best with this. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello Chris is there anything further you would like to know?
Customer: replied 1 year ago.
what costs should i expect for getting this letter please?
is there any firm that you would suggest to have experience in this?
Expert:  Jenny replied 1 year ago.
you're a looking at around £200/ £250 plus VAT for a solicitors letter. We are not allowed to recommend a firm according to our site rules but any high street firm with a litigation department will be capable of doing this.
Expert:  Jenny replied 1 year ago.
I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for the time I have spent working on your question. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hi Chris is there anything further you would like to you
Customer: replied 1 year ago.
I think thats it thanks
Expert:  Jenny replied 1 year ago.
No problem, please remember to rate my answer before leaving the site as i am not otherwise credited for working on your question. Thank you and all the best.
Customer: replied 1 year ago.
Sorry jenny, just getting the information together. If i terminate the contract am i not liable for a percentage of the rateable value of my building?
Expert:  Jenny replied 1 year ago.
They will argue you are as you cannot terminate the contract without their agreement (which you they are unlikely to give). If they try to take you to court you will have to defend on the basis that a) they have not done the work under the contact and you have lost confidence, and b) the contract was misrepresented.
Customer: replied 1 year ago.
There is a few threads like this and http://whocallsme.com/Phone-Number.aspx/02071931767/4#p1033348827808349473 http://www.freeindex.co.uk/business-advice/appealing-my-business-rates-have-i-been-scammed?_14788.htm also I suspect their VOA official document I sent to you has had the VOA image put on. Does this help me?
Expert:  Jenny replied 1 year ago.
Yes if the service is fake you will not have to pay. I really think you just cancel the contract and see what they do next. If they take you to court you can defend on the basis they have not done the work and have misrepresented the contract. I would be very grateful if you would now rate my answer as I have spent considerable time on this and am not paid for it unless my answer is rated. Once you have rated my answer I will still answer your follow on questions with no extra charge. Thank you and all the best.
Customer: replied 1 year ago.
As in it's been altered and tampered with by rates and rentals
Expert:  Jenny replied 1 year ago.
Yes
Expert:  Jenny replied 1 year ago.
Is there anything else as I can see you have not yet rated my answer?
Customer: replied 1 year ago.
But if i cancel the contract then i am liable to the cancellation fees? Shouldn't i rescind the contract instead?
Expert:  Jenny replied 1 year ago.
Yes you can say that you consider the contract is rescinded but, in practical terms, if they don't agree they can still sue you in breach of contact so it really makes no difference.
Customer: replied 1 year ago.
Dear SirsI have been the victim of misrepresentation from your director Danny SadlerTelephone person cold called with proposed contract of a no win no fee contract. Also that I would be able to back claim all of my business rates and can ability to claim all paid money back from previous years. The discussion was no fee paid until after business rates rebate paid out. Your telephone agent did not discuss anypercentage in future rebates.At our first meeting Danny Sadler
-Told me shower room and toilet should be zero rated
-told me someone would call me to discuss what happened on telephone as there was a tie in until 2022 but waived the first percentage payment of rebate because he liked my business.
-Told me the information from the initial telephone call was false and we also could only claim back until January 2015.
-Danny told me the rateable value was based solely upon use and not the value of property
-produced a document showing how much higher the property was valued compared to other local businesses.
-told me therapy use was a reduced rate to office use per square foot and i was currently being charged for an office space
-told me there would be a reduction in rates after reassessment
-never discussed the possibility of my rates going up
-never discussed the cancellation policy
-never discussed the invoice was payable in 7 days
-never discussed his qualifications to carry out this work.Danny returned to complete the survey and showed me a document he claimed was from the VOA recognising their claim. The VOA mark appeared copied which first raised my concerns to its authenticity.
-Danny took a few of Photos on his iphone and a couple of measurements as his survey. I asked why i had been asked to pay and asked did they refund the money if the case wasn't successful. Danny said that the VOA have recognised the case and that money was payable now rather than after the case was successful. Danny once again produced a document with a shaded and poor quality VOA logo attached. Danny said you have signed the contract and the amount is payable now. I said to Danny I wanted somebody with contract law experience to review the contract. Danny left having given me the invoice.I then did some research on Rates and Rentals surveyors (something I should have done first) and how rateable values are set. I discovered that rates and rentals have misrepresented before on a number of cases. I also discovered that information given to me by Danny Sadler on the rateable values was false. Rates and Rentals surveyors deliberately mis-sold my company their services.The basis of my agreement into this contract was on these misrepresentations from Danny Sadler and his teamDue to the above mentioned I wish to give you notice that Kids Physio Works rescind from our contract with Rates and Rentals Surveyors Ltd. I have reported this case to trading standards and am appalled that you intended to fraudulently take money from a business that provide therapy for disabled children.I hope that the directors of this company are never in a position where they may need support from a service such as ours.
Customer: replied 1 year ago.
does this roughly cover all the points i need to?
Expert:  Jenny replied 1 year ago.
This is a good letter although I assume it should say 'a company such as yours' at the end. I would suggest you finish with saying. Please confirm that this contract is rescinded with immediate effect.
Customer: replied 1 year ago.
thanks. Yeah difficult to take the anger out.
Customer: replied 1 year ago.
No Im meaning that I hope the directors don't need treatment from a physiotherapy centre that they are trying to swindle
Expert:  Jenny replied 1 year ago.
No problem, I can understand why you are angry. Hopefully they will let this go. I think that if you show you mean business and they are dodgy they will not pursue. I would take the sentence about the directors out, it doesn't add anything to the point you are trying to make.
Customer: replied 1 year ago.
thats the file i got from the VOA by email when i filed a rearrangement claim. No mark at the top. Rates and rentals have added in the logo i think. Note the different address of my barn too
Expert:  Jenny replied 1 year ago.
Chris If you want me to review the documents I need to do it as an additional service. Ill make an offer.
Customer: replied 1 year ago.
its the same document as yesterday one with and one without the logo
Customer: replied 1 year ago.
thanks for reading my letter. Ill now rate and close this. Thanks again
Expert:  Jenny replied 1 year ago.
Thank you.
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