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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have defended an action brought by Callcredit as I wished

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I have defended an action brought by Callcredit as I wished to terminate an agreement by giving 3 months notice when the contract stipulates 12 months.
I have not actually utilised the services offered under the contract, which was signed in January 2008 (Initial term, 3 years, then until terminated by either party giving no less than 12 months notice).
In my Defence, I referred to the "Unfair Terms in Consumer Contracts Regulations 1999".
It has since been pointed out to me that this Legislation does not cover "Business to Business Contracts".
Whilst I still maintain that 12 months is unreasonable, I wish to remove the reference to that piece of Legislation.
Andy Sparkes
The Phoenix Partnership
Chartered Certified Accountants
Hello my name is ***** ***** I will help you with this.
Did you read the contract before it was signed please?
Customer: replied 2 years ago.

Yes, but due to a change in business & family circumstances, I was not in a position to use the services offered.

All I need to know is, "Can I amend my Defence by merely removing the reference to the "Unfair Terms in Consumer Contracts Regulations, 1999" ?

Thank you.

Yes you can seek NOT to rely upon that, you just notify the other side and the Court.
Does that help?
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