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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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As a microbusiness and a sole trader am I able to terminate

Customer Question

As a microbusiness and a sole trader am I able to terminate what I consider to be an unfair exorbitant contract with a supplier of gas and electricity after 18 months if the term is for 5 years.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What aspects do you consider unfair?
Customer: replied 1 year ago.
There is a huge issue of the quality of the initial phone call, and I have the Energy ombudsman involved with this.
But my question today simply relates to the Consumer Credit Act and whether any sole trader / microbusiness has the right to terminate a utility contract after 18 months despite the contract being for 5 yrs
Customer: replied 1 year ago.
because this is the case for the hiring of credit card terminals.
Customer: replied 1 year ago.
I am awaiting your answer please.
Expert:  Ben Jones replied 1 year ago.
Did the supply agreement state if it is governed by the CCA?
Customer: replied 1 year ago.
I am still waiting for some sort of reply
Customer: replied 1 year ago.
Can you please reply
Expert:  Ben Jones replied 1 year ago.
So am I - Did the supply agreement state if it is governed by the CCA?
Customer: replied 1 year ago.
Obviously I am NOT satisfied with you failure to reply so I do not give permission for you to take this payment.
Expert:  Ben Jones replied 1 year ago.
ok good luck I cannot assist any further
Customer: replied 1 year ago.
I don't know.
I don't think it excluded it.
Customer: replied 1 year ago.
I was looking for the replies as emails. Sorry
Expert:  Ben Jones replied 1 year ago.
ok so just to clarify do you need me to cotninue? Also to clarify you do have to pay a deposit to ask a question hence why you have been charged
Customer: replied 1 year ago.
The website said that payment was only necessary if completely satisfied. I am not.
Customer: replied 1 year ago.
I feel that this is a scam.
Customer: replied 1 year ago.
I have not had any useful reply.
Expert:  Ben Jones replied 1 year ago.
I am afraid you took over an hour to reply to my last message and then expect an 'useful answer' within 3 minutes so sadly I cannot continue working on this so i will leave it for any of my colleagues to deal with it if they can.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.I see the other expert has opted out.Did you read the contract before you signed it please?Alex
Customer: replied 1 year ago.
I did not take 1 hr to reply. All I want to know is whether in the absence of any mention of the CCA either by inclusion or exclusion a sole trader can terminate at 18 months.
Expert:  Ash replied 1 year ago.
The Consumer Credit Act 2015 does not apply to you.That defines in Section 2(3) “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.Therefore this was acting in business and not covered by the Act.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
But is that true for a sole trader or micro business. It certainly applies to hiring of a credit card terminal.
Customer: replied 1 year ago.
That there are exemptions.
Expert:  Ash replied 1 year ago.
Please see definitions which are at:http://www.legislation.gov.uk/ukpga/2015/15/section/2/enactedThis is what it covers:(1)This Chapter applies to a contract for a trader to supply goods to a consumer.(2)It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—(a)a sales contract;(b)a contract for the hire of goods;(c)a hire-purchase agreement;(d)a contract for transfer of goods.(3)It does not apply—(a)to a contract for a trader to supply coins or notes to a consumer for use as currency;(b)to a contract for goods to be sold by way of execution or otherwise by authority of law;(c)to a contract intended to operate as a mortgage, pledge, charge or other security;(d)in relation to England and Wales or Northern Ireland, to a contract made by deed and for which the only consideration is the presumed consideration imported by the deed;Therefore it would be up to a Court to determine whether it applied or not. I have given you what is defined as a Consumer and that is where it applies.Your only argument that the supply was mainly outside your trade, business craft or profession.Does that clarify?Alex
Customer: replied 1 year ago.
Do you recognise anything similar with which I may be confusing this. There certainly is something to say that sole traders or micronising saws can terminate after 18 months.
Customer: replied 1 year ago.
But I don't know if it is restricted to certain types of contract.
Expert:  Ash replied 1 year ago.
I havent seen anything in the legislation that says that. If its in the contract then you can.You can only get the Court to assess fairness of a contract if you are a consumer.Does that clarify?Alex
Customer: replied 1 year ago.
Thanks for trying. I will ask the federation of small business for their view.
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Expert:  Ash replied 1 year ago.
You have given me a negative rating despite me giving you the legal answer and spending time with you, this impacts upon my standing on the site.What else is it you would like to know? Or can I ask you to consider to re-rate so its positive?
Customer: replied 1 year ago.
No I have a trustworthy answer from the federation of small business solicitor. He recognised what I was describing and gave me a reasoned answer.
Expert:  Ash replied 1 year ago.
Very well. Good luck and I hope to assist you in the future. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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