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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I have had a 3 year contract with RMS (Retail Merchant Services)

Resolved Question:

I have had a 3 year contract with RMS (Retail Merchant Services) of Milton Keynes. This is for a credit card payment machine. I have only used the machine 5 times in all of the 3 years, I knew it was a 3 year contract.
My contract ends next month, but I have been told by this company to pay £120 to cancel my contract and over £100 for the re-furbishment of the machine, how do I stand legally?
I know from looking on the net that lots of people have and are going through the same situation.
Regards,
Steven Croad
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.
Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the termination charge and machine refurbishment in your contract with RMS (or in their terms and conditions)? Kind regards AJ
Customer: replied 10 months ago.
I am sorry but I cannot find the original contract. These charges were not explained to me by their agent
Surely, if it is a three year contract, it is a three year contract, why should anyone have to pay to end the contract?
Expert:  Alex J. replied 10 months ago.
Hi, Thank you. I will see if I can find their terms and conditions on their website? Ultimately if the terms and conditions contain a refurb and termination charge then you will have to pay it - they cannot however suddenly introduce this concept unilaterally. You would have to have signed up to this prior to accepting the services. Ultimately if you did not accept the termination charge and refurb charge then you could just refuse to pay it, the end result maybe that they will try and sue you in the county court - in which case you would have either defend the claim or settle it. I will revert to you shortly. Kind regards
Expert:  Alex J. replied 10 months ago.
Hi I can find no reference to their terms and conditions on their website. I would write to them as follows:- Deny any liability for the termination and refurb charges;- Say you were sold the product on the basis that you could terminate for no cost after three year;- Say that there pursuit of the money from you could be deemed as harassment under S.40 of the Administration of Justice Act 1970 and if they continue to chase you, you reserve the right to take any action available to you. If they provide you with proof that you signed a contract or accepted terms that let them charge this fee, I am afraid at that point you will have to consider it paying. You could try and negotiate a settlement with them, i.e only pay the refurb charge for example, but ultimately if you accepted the charge you will be liable for it.Kind regards AJ
Customer: replied 10 months ago.
Many thanks for the information
Expert:  Alex J. replied 10 months ago.
No problem. If I can assist any further please let me know? I would be most grateful if you could rate my answer in the mean time. Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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