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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a three year lease on a photcopier which expires in

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We have a three year lease on a photcopier which expires in Jan 16. I was going to give 3 months notice to the leasing company as required. However I understand the photocopy company are stating their contract and service agreement document says 3 years lease and a 5 years service agreement. I have been told I need to give 12 months notice for the service agreement, which I have done to end the agreement in July 16. I am now told that if I require service to that date I will be charged a further 12 months cancellation. I need advice on this as it all seems sharp practice as they are losing a customer
Can you help please?
Thanks Penel Parkin
Hello my name is ***** ***** I will help you.
What does the agreement say about termination?
Customer: replied 2 years ago.

The terms state - the agreed period is 5 years unless specified overleaf. I understood that as the lease was three years that this constituted overriding this. It was certainly not pointed out

I can send you a copy of the order and service agreement if you wish for clarity.

It also goes on to say you may cancel the agreement at anytime by giving written notice and paying all sums due - no indication of what these are

Hope this helps Many thanks Penel

Does it say you must give 12 months cancellation?
Customer: replied 2 years ago.

Sorry I took so long to answer as I was struggling to find any mention. They emailed me and said "if you wish to cancel the agreement before the end of the period you will be subject to a 12 month cancellation charge.." and then refers to the following clause "Our claim for losses will be no more than the payments you would have made for the the next 12 month period. We will base this on previous charges"

2 points here

1) no specific ref to 12 months termination but the above is in the contract

2) I have given 12 months notice, which they have accepted, and I intended to work that notice so I owed nothing. They are now claiming if I do that I will owe 12 months at the end of that!!!

Thanks Penel

So are there 2 contracts, one for copier and one for service, or is it all wrapped up into one?
Customer: replied 2 years ago.

There is one from the company which calls itself Order and service agreement and then in addition there is a lease set up, by them with a third party, for the financial aspect. This was a 3 year term. I had presumed that once the lease was finished that was the end of the whole agreement.I specifically arranged a three year lease term

Does the agreement itself say it's for a specific length of time?
Customer: replied 2 years ago.

On the main page under equipment details it lists equipment and says 3 yr lease added by the copier company continuing into page 2 under equipment details it states the cost per copy cost nothing else.

On the last page of Order terms and conditions no specific mention other than for the agreed term other than "the terms of this agreement shall prevail not withstanding any variance or conflict with the terms and conditions sought to be imposed by you..."

Separate terms and conditions section below state: "The agreement period is 5 years unless specified overleaf and will start when it is signed by you and us..... You may cancel this agreement at anytime by giving us written notice and paying all sums due"

I challenged them that the reference to the 3 year lease was that specification - they claim not

But it is specified overleaf it's 3 years?
Customer: replied 2 years ago.

Not as a separate item no

If this is shaky (although I feel it is total miss-selling as I have never been pointed to this and I have used them for 10 years) can we focus on this aspect below:

This is since I have given 12 months termination in writing:

In relation to EASY 7944 or 7945 I can confirm you contractually cannot give 12 months’ notice however, as a gesture of goodwill we did allow for notice to be received to end in line with the lease on 16/01/2016. I can confirm you will then receive a cancellation charge for 50% of the attached sheet.

Then next email states:

I have spoken to my FD who has confirmed if you wish to have service cover up until July 2016, you will be subject to a 12 months cancellation charge as per the terms and conditions which will be raised once your final readings have been invoiced.

Hope this is making sense!

Yes, it appears you have been missold which is in any event breach of contract by misrepresentation. They said one thing but claimed another.
My view is that they are trying it on. The agreement is clear, your lease is three years. No more. They can't now claim twelve months cancellation, it's a three year deal.
Can I clarify anything for you about this today please?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for that ALex - so sorry I did not respond I thought you had signed off

Appreciate your help



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