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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49818
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you sign a contract by email, and no service has taken place

Customer Question

if you sign a contract by email, and no service has taken place can you cancel the contract
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello what is the contract for?
Customer: replied 2 years ago.
the contract is with findcourse. They were meant to find clients for me and unfortunately, their services was bad. this contract was just signed this week. The contract was meant to start in march, so no services has taken place. so i sent them an email to cancel . and they are threathen to call bailef.
Expert:  Ben Jones replied 2 years ago.
Hello, sorry I was in a meeting when you replied. This appears to be a business to business contract so there will be no automatic right to cancel it. Any cancellation will be governed under the terms of the contract you signed, so you need to check if there is a cancellation clause and follow that. However, if the other party had not provided the services, in a sense that they did not do as promised (not because you have changed your mind before the services started), then you can consider claiming that they have acted in breach of contract. To be able to do this you must be able to show that they had failed in what they had promised to do – that they committed a serious breach of contract basically. You mention that their service was bad, so you need to be able to show that it was so bad that you had to treat the whole contract as terminated and be able to claim a refund on it. Also do not worry about bailiffs – they cannot send bailiffs at this stage – they can only do it if they have taken you to court and won and then decided to try the bailiff enforcement option. So it is a long way before they can even consider that. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
So I can't cancel and if I cancel it has to start first . But , they told something else when I signed with them . After signing they told me another thing . The contract is meant to start in march
Customer: replied 2 years ago.
There is no clause for cancellation. And they want me to pay upfront .
Customer: replied 2 years ago.
So I am due to pay them 1st of March
Expert:  Ben Jones replied 2 years ago.
It is not mandatory for the services to start first before you can cancel. They could still commit a breach of contract before that but that is what you have to rely on to be able to cancel, unless you had a cancellation clause. So as I understand you have not paid anything towards this? Please remember to leave your positive rating so I can continue helping, thank you