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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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We are having problems with a complany called NCS in glasgow

Customer Question

Hi - we are having problems with a complany called NCS in glasgow over a contract relating to a franking machine. we had a machine which was fit for our purpose and economical. when it began franking mail incorrectly, we were advised we needed an upgrade to the software to make it smart ready. the representative from NCS attended at a busy time when we had patients in, whom we understandably could not abandon. we were asked to sign for the 'upgrade' and are suddenly tied into a 6 yr contract with NCS and siemens (who insure and maintain the machine). With this new contract we are paying in excess of £200 pcm with us making a loss. the machine is no longer being used, we are buying stamps ,and we are paying a contract we cannot justify, with no means to get out. i believe we were miss-sold the contract and that the company capitalised on a busy time, when we have to put patient care first. we asked about stopping payments and were told they would take us to court.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Send the machine back, stop all payments and tell them you are going to sue them for damages for misrepresentation. The upgrade you were promised was not the upgrade they gave you and at no time were you expecting to pay more than you were before. If they sue you then you would have a misrepresentation defence and you could try to say that you weren't given the chance to read the contract nor was it explained properly. Not great but I think you would get the sympathy of a court. Why would you want a franking machine at a cost which is greater than buying stamps? However as I say I think you have to fight fire with fire in the meantime. I hope that helps. Please leave a positive response so that I am credited for my time.