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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50150
Experience:  Qualified Solicitor
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My partners run a small electrical business, Jan - Mar 2015

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My partners run a small electrical business, Jan - Mar 2015 we committed to a 3 month advertising package - i have all the emails on this commitment. the provider asked me April whether we wanted to continue this advert - i did not respond to this email. it now transpires that they have continued placing this advert for 9 months and sending us invoices - which we havent received, clearly if we had we would have realised the error. we didnt get any calls in from the advert so were not aware of them being placed and havent had copies of the magazine. we have had no contact from them until today. they sent and email saying they have been allocating fund from another customer against our invoices and have just realised it. now they are chasing payment, as soon as i received an email from them today i have contacted them to try to understand what they are chasing and why. they tell me that they have provided us a service - but we werent aware and didnt commit to it. do we have pay these invoices?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was there an understanding that the service will continue beyond the initial 3 month period? Was there a rolling contract for example?
Customer: replied 2 years ago.
no my initial email said i was interested in a 3 month package that they offered for £199 to see how well it worked for us, and if it did work we would consider a long term package. In month 4 they wrote to me asking if we were interested in booking any more, i wasnt but i didnt reply. given that they produced the advert for 9 months (which they havent actually proved to me yet in the form of back-copies) would we have to pay for a service that we didnt ask for or didnt know we were getting?
Did you have an agreement with them, such as a contract, and did it state what was required to terminate this service of it was going to be an ongoing service unless cancelled?
Customer: replied 2 years ago.
no i didnt sign any form of contract.
Customer: replied 2 years ago.
they say they sent me invoices which i didnt receive. this is my word against theirs. clearly if we had received them i would have raised this query with them.
ok thank you leave it with me please, I will get my response ready and respond on here early this eve
Customer: replied 2 years ago.
thank you
Many thanks for your patience. The key here would be whether there was an understanding that the service would continue beyond the initial 3 months. Looking back at the start of this, what was agreed was that they would provide you with a service for 3 months and there was no agreement that this would be an automatic renewal once that initial term expired. If they wanted this to be the case they should have included a specific clause in your contract with them stating that the agreement will renew itself automatically, unless cancelled, once that 3 month period expired. There was nothing of the sort. Instead, they contacted you after the initial period ha ended to ask you if you wanted to continue. You did not respond so technically there should have been no new contract formed as a result. They may have decided to continue providing the service, but that was done without your authorisation so they cannot really try and claim that you have acted in breach of contract by not paying them because there should have been no contract in existence in the first place (beyond the initial 3 month period). At this stage this is the argument you should use to refuse payment. If they wanted to they could consider taking this to court to challenge it and you cannot prevent that from happening unfortunately. However, you will have a reasonable defence to put forward and hopefully the court will agree that there was no legal contract in existence past the initial 3 month period. 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
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
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Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.