Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Is it possible for you to send me a copy of the contract please?
Hi there. Thank you for your response and for the live phone call request. I am unable to talk at the moment but I will review the relevant information and laws 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. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. It is indeed possible to try and claim they have acted in breach of contract due to the issues experienced. However, to be able to claim that you can cancel the contract as a result it must be considered a breach serious enough to do this. Sadly the is nothing in law which says exactly how serious something must be to amount to a breach allowing the termination of the whole contract. Therefore, it would depend on a case by case basis, what the contract was for, what would be reasonably expected they would provide, how long the issues have been experienced for, what effects they have had on you and so on.
In the example of telecommunications, if you have intermittent cuts in service then that may not be considered that serious. However, if there are longer cuts affecting the whole service or a major part of it, then obviously that would be a much more serious breach. So whilst you may raise these issues in order to try and terminate the contract early, there is nothing to force the service provider to agree with you and to terminate it. They are entirely within their rights to refuse to do so and to disagree with your argument. They can also take this further if they wanted to, they are legally entitled to challenge your decision and to issue a claim in court to challenge the early termination. A court would then look at the above mentioned factors when deciding whether there was a serious breach on their part justifying an early termination.
This is your basic legal position. I have more detailed advice for you in terms of the legal position if they were to make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. If you have suffered losses as a result of the poor service, i.e. you have not received the services for which you had paid or have directly lost business because of this, then yes it is potentially possible to seek some compensation for this.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
You are most welcome, all the best