Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Is it possible for me to see a copy of the contract please?
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According to the agreement it does indeed state that this is a 12 month agreement which is for a fixed period and can only be cancelled with notice given within 30 days of the end of that fixed period. So you are basically tied in for a year. There would have been no obligation on them to specifically point this out to you, as long as they did not try and claim anything different. As a business you would have been expected to read the document and be satisfied with its contents before you agreed to it.
Therefore, unless you can shoe that they have acted in breach of contract somehow, you would be the one in breach by trying to terminate it early and not in accordance with the termination provisions.
Whilst there is nothing stopping them from pursuing this further by making a small claim court claim against you, you can point out that this would be a pointless exercise as you are overdrawn and have no money and assets to satisfy their claim so they will just be wasting their time and money pursuing you as they won’t get anything back and will simply incur further costs. Whether they do claim is up to them but legally you are likely to be in breach by terminating early.
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If their overall claim is for less than £10k then you will not be responsible for their legal costs, such as lawyers’ fees. However if they win they could try and claim the court costs for making the claim, which would be in the region of £290. You can always try and send them final sum and make it clear it is sent as full and final settlement of anything you owe under the contract and if they accept it then they will find it difficult to claim for more after that. If they want to go to court you can basically tell them that you will simply have to declare yourself bankrupt and they won’t be able to get the amount from you anyway and will just incur further debts
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Thank you. You can send a lump sum payment now if you can afford it. If you cannot then you can continue paying them monthly payments, without admitting to owing them any particular sum then when you are able to pay them the last payment you send that as a full and final payment for the contract in place.