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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I gave verbal notice to cancel a 5 year contract 5 months before

Customer Question

I gave verbal notice to cancel a 5 year contract 5 months before the contract expiry date. the company states the small print in the agreement gives specific details that the for the contract to terminate written notice must be given 6 months before the anniversary of the contract end date, or the contract rolls over for another 5 years. Is this an unfair clause? What can I do as they are threatening court action for non payment.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 6 months ago.
What was the contract for?
Customer: replied 6 months ago.
Peninsula business services
Expert:  Ben Jones replied 6 months ago.
ok thanks leave t with me please i will get my response ready and reply on here early this afternoon
Customer: replied 6 months ago.
They represented me at a tribunal and said I was better off entering into a 5 year agreement and if I followed their advice on employee contracts it would prevent me facing a tribunal ever again. I want to cancel the contract as l have access to their services through my membership with a trade organisation the NFMFT to continue my original contract would mean paying twice for their services.
Expert:  Ben Jones replied 6 months ago.
Many thanks for your patience. Asa business customer you will not be subject to the usual consumer laws and protection that individuals get, such as unfair contract terms. It is assumed that as a business you are well informed and able to read a contract given to you, including the small print. The law is specifically aimed at consumers, meaning someone not dealing in the course of a business. Therefore, you will be bound by this clause and failure to follow it will potentially place you in breach of contract. So if you renege on the contract they could pursue you legally for damages. However, they are not entitled to the full amount of their service until the end of the contract. They are entitled to compensation/damages which is their loss of profit. So it would be the actual profit they may have made, not the direct cost of services to you. This will be much less than the fees you would have had to pay for the full 5 years. You can try and cancel the contract and send them a cheque or payment and tell them it is in full and final settlement of the fees you would owe them and if they cash or accept that payment then you can argue that they cannot claim further against you. At least try that, you have nothing to lose. I they reject that and wish to continue pursuing you there is nothing stopping them from doing so and even going to court. However, they would have to justify that hat they are after is fair and reasonable and as mentioned that will almost certainly be a much reduced amount than what they are currently after. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 6 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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