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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi there. Prior to it's renewal, were you notified in any way that the contract will roll on for another 12 months; apart from what the contract states?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. As a 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 prohibiting automatic rolling contracts 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 new term. 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. There is no need to fold the company just yet – at least get a feel of what their position is and what their likely response will be before you do so.
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You are welcome and all the best, ***** ***** to get back to me if you need further help, thanks