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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have used a company for a number of years (over 8) to

Resolved Question:

Hello
I have used a company for a number of years (over 8) to service my fire alarm each quarter. I want to change to another company and told them to stop the service. They now say that I must give one year's notice or pay the cost of 4 services less 30%. I have asked to see any contract that I may have signed and they just refer to their terms and conditions which do state 1 years notice.
I think that I have not ever signed a contract and that this company took over my previous supplier. I have no record of ever being sent their terms and conditions. I think that the notice period is excessive and have refused to pay. I have now recieved a solicitors letter.
Do I have a case and if it goes to court will it go to the County Court (small claims, the amount is £671.75) where the fees and costs are more reasonable or will it go straight to a higher court?
Many thanks
Clive Owen
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello Clive my name is ***** ***** I will help you.

Have they ever provided a copy of the signed contract please?

Customer: replied 5 months ago.
Hi Ash
I have asked to see any signed contract and they have not sent anything.
Clive
Expert:  Ash replied 5 months ago.

Ok. Unless they have a signed contract you are not bound.

They need to have it signed to say you agreed to the notice period or have evidence they brought it to your attention.

If not then I agree, you have no case to answer to.

Can I clairfy anything for you about this today please?

Customer: replied 5 months ago.
Thanks Ash.
With regard to the terms and conditions, they say on their invoices that the T&C's can be seen on their website. Is this enough to say they have bought the notice period to my attention?
Also if they continue to take legal action will it go the the County Small Claims court?
Thanks
Clive
Expert:  Ash replied 5 months ago.

.No. They need to do this before the contract, not after

Does that clarify?

Customer: replied 5 months ago.
Thanks. Could you answer about which Court it would go to?
Thanks
Clive
Expert:  Ash replied 5 months ago.

County court if under £10,000'yes a small claim.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Great, thanks.

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