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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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If a supplier has changed their address back in May 2015,

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If a supplier has changed their address back in May 2015, and said they have sent out a notification letter to all their customers in September 2015 (which I didn't receive or have any record of). Beginning of this year (8th January), I sent them a letter wish to cancel our contract via royalmail recorded service, which they didn't receive as Royalmail tracking service only showed that they have left a card at the old address.
Please see following for the automatic renew clause:
Clause 16. The contract will automatically renew on the anniversary date unless the agency is notified in writing of the clients intention not to renew the agreement. This must be done 30 days prior to the agreement expiry date. The renewal fee will be invoiced 30 days prior to the new agreement commencing and will become payable upon receipt of the invoice.
Our old contract should end on 19th February 2016, and they have only email me notification of renew today (which I believe is 1-2 days late). If they have send email me 1-2 earlier as per their terms and conditions, I shall have time to let them know that I wish to end my contract again.
Can you please let me know what to do next. Thanks
Customer: replied 2 years ago.
I have done some research,
1. Supplier has submit change of address to company house back in May 2015 (but on email, supplier told me they sent out notification to all customers in September??). 2. Supplier's VAT registered address is still at the old address as today (per EU VAT validation website).
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Do the terms and conditions have a "NOTICES" section? Kind regards AJ
Customer: replied 2 years ago.
Hi Alex, I have attached the full terms and conditions for your review. Thanks
Hi Thank you. On what date did you submit your notice of any intention to cancel? Have they provided you with proof that they sent out the notice? Kind regards AJ
Customer: replied 2 years ago.
The letter was sent on 8th January this year with Royal mail recorded service to supplier's old street (as they claim). No supplier has not provided proof that they have sent the notice. I have asked them for proof in email, but they just ignore my question.
Hi, Thank you. In the event that you did not receive the notice, then you have validly served notice to terminate the contract to their registered address. In that case if they want to recover the money they have invoiced they will have to sue you. If they wanted to sue you they would have to provide proof of the notice to change address - if they are not prepared to provide that proof now and suddenly produce a letter before a court, that would look very inconsistent. If you are alleging the contract is terminated, then you should stick your guns, insist that you served a valid notice which you can prove and accordingly you deny liability for their invoice. However if they sue you will have to defend the proceedings. Are they still collecting any debts on your behalf? Kind regards AK
Customer: replied 2 years ago.
Okay. No they were only collecting money for one of my customer, which now has gone into liquidation (no other dealings with them now).As proof for I have served the cancellation notice, will a tracking number (I have saved a 'print-screen' copy of the tracking detail from Royalmail website) do the job? or do I need to obtain a letter from Royal mail
Hi, Thank you. The proof you have is more than sufficient for the purpose of a court hearing. I would put the ball firmly in their court and just deny any liability. The only alternative is if you want this to go away quickly you have to try negotiate settlement with them, but to be honest if they cannot reasonably prove they served you with notice of the address change they will struggle to prove this claim in Court. Funnily enough I am certain if they do issue court proceedings they will not struggle so much in proving that the notice of court proceedings reached you successfully!!
Customer: replied 2 years ago.
Following is the reply that I have just received from them. Which is a bit one-sided I think, he keep ignoring whether they have proof to show that they have served the notification of change address. Shouldn't it be their responsibility to ensure that all their customers received the notification in the 1st place??You sent it by recorded delivery, however didn’t ensure it was received despite the information being displayed on the Royal Mail website. It is not the fault of Falcon that you decided not to check this information, the fault lies solely with you, as such the invoice stands. I will arrange for the case to be transferred to our local court without delay, we will, of course, be adding our costs to the claim. Kind Regards
Hi, Thank you. Did you subsequently just send the letter to the registered address by first class post?
Customer: replied 2 years ago.
No, we only sent one letter by Royalmail 1st Class recorded service to their registered address on our contract (without knowing they have changed address). We only knew the letter hasn't been delivered because the supplier email us the invoice for renewal today (so we went online to check the tracking status).
Hi, Thank you. Has the letter been sent back to you? This is potentially an issue if the letter did not actually get delivered - if that is the case I would be more inclined to say you should try an settle with them - make them an offer to bring this to an end. Potentially there is an issue with both sides cases - and it would be difficult for me to say who a court would side with. Do you actually need their services or was their a previous with the service standard?
Customer: replied 2 years ago.
No letter never got sent back to me, I believe it's still with Royalmail (their local depot). I no longer require their services, plus I don't think they have actually done anything towards getting my money back from my customer during past 11 months (contract was only signed on 12 month basis). I don't know what you mean by offer to settle, £100-150? The total invoice amount is only £495+VAT.
Hi, Thank you. ***** mean offering a payment of goodwill to settle the matter but on the understanding they as a company are also at fault for failing to properly notify you of an address change. If you do send them a letter offering to settle I would make the following points:- Mark it as "Without Prejudice Save as to Costs";- Say you are prepared to make a payment to bring the relationship to the end but will not forced into accepting a new term for services for which you will not receive the benefit;- Charging you nearly £500 to cancel the service is basically a penalty and you do not believe this would be enforceable in court any way;- Say you will offer £150 as a gesture of goodwill to bring the matter to close, in full and final settlement of any claims they have against you.Kind regards AJ
Can I assist you any further? I would be cost grateful if you could rate my answer in the mean time? Kind regards AJ
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Customer: replied 2 years ago.
Thanks for your services, I will now wait for the other supplier to respond (not sure if they will really take us to court).
No problem. I wish you the best of luck. Kind regards AJ