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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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This is a question for Jo C. it is uk law...I was in

Customer Question

This is a question for Jo C. it is uk law...I was in communication with you in June re a rolling contract I had with a software company that was supplying us with an appointment system for my Beauty salon. Just to refresh, in 2005 I tried to cancel our contract with them as we were very dissatisfied with their services. I did this a month before the contract was due for renewal. She informed me that we needed to give 90 days notice ( the contract auto renews in May). As I missed the 90 days, we had no choice to continue with them. It was at this stage I asked them via email what the procedure to cancel. She said 90 days and a letter had to be sent to their head office stating we wanted to cancel. She never said in order for it to be confirmed we had to have a letter back from them confirming. In July 2016 I sent a letter via recorded delivery with our intention to cancel. I did not hear back and presumed the letter had got to them. I knew it would be no surprise to them that we wanted to cancel. Then in June they took money from our account ( by this time I already swapped to a new software system). They said they had not received any letters from us. When I checked the recorded delivery tracker, It said it had been sent but is not signed for at the other end. It was basically lost in the postal system. After getting your advice re the postal rule, I told them in our opinion we had given them sufficient notice. A month after that we received a letter from a debt collector saying we owed them the money for a whole year ( which is about £5K). I emailed them that we were applying the postal rule. Then today 6 weeks or so later, we received a court letter saying we owe them the money. My question is, if we go to court do you think we could win or are we better off offering a 'goodwill' payment? I have proof we sent the letter. They are saying the cancellation is not complete without an acknowledgement from them ( which they did not state would need to happen)
Submitted: 21 days ago.
Category: Law
Expert:  Jo C. replied 21 days ago.

HI.

Is this is a court summons?

Customer: replied 21 days ago.
i think so
Expert:  Jo C. replied 21 days ago.

That is a claim form.

The truth is, it depends whether you have the time to fight this. If you do, then contest it on the basis that we discussed.

If you do not then make a full and final settlement offer. They will not want to go to court either as it will strike at their manpower too.

Overall though, you have a good defence it seems to me.

Can I clarify anything for you?

Jo

Customer: replied 21 days ago.
In your opinion do you think we are likely to win?
Customer: replied 21 days ago.
Also do i write to them or the court?
Expert:  Jo C. replied 21 days ago.

Respond to the claim form setting out your defence.

Overall, seems to me you have a very good run.