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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I set up an account one year ago with Online Content

Resolved Question:

I set up an account one year ago with Online Content Management Services who manage my business Google Places Listing. I was not intending to renew my account this year. However I received an invoice for automatic renewal of the account. I have contacted the company by email but they absolutely refuse to cancel my account on the basis that I should have read the terms and conditions of the original account/contract - which states I should give 30 days notice before the end of my contract in order to cancel it. My view is that they should have given me prior notice at a suitable time before the 30days so that I would be given the opportunity to establish renewal or not. They insist that the renewal is to be paid for.Renewal was began on 27th May 2016. I received the invoice Saturday 28th May 2016.
Do I have to pay the Invoiced sum? for a service which I no longer want or need.
Kind Regards
***** *****
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello Raymond my name is ***** ***** I will help you with this.

Did you sign it as a consumer or company please?
Does it say that they need to give you notice when its due for renewal?
Alex

Customer: replied 9 months ago.
Company
There is no mention of them needing to give me notice (that I can see)
Expert:  Ash replied 9 months ago.

Ok and was this for your business or you as a consumer?

Customer: replied 9 months ago.
For my business (Self employed)
Expert:  Ash replied 9 months ago.

Thanks. I think its a hard one - you should have read the terms and conditions and you agreed them. If it went to Court a Judge would have expected you to read the terms and conditions and known your obligations to cancel. Unless the agreement said they are required to give you notice upon renewal then they do not have to.

For example BT is an annual contract which bills and rolls automatically for a year, they do not give you notice because they say they do not have to.

The other side is if you dont pay, call their bluff and see if they will take you to Court. Any claim under £10,000 will be a small claim. As this was signed a year ago you could potentially argue that the terms are unfair as per the Unfair Terms in Consumer Contract Regulations 1999.

It would down to a Judge to decide whether acting in business you are still a consumer.

But that is your only argument. Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
No. Many thanks for your speedy reply. Much appreciated
Thankyou
RW Brooks
Expert:  Ash replied 9 months 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

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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