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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50515
Experience:  Qualified Solicitor
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I undertook an internet service that has a rolling contract,

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I undertook an internet service that has a rolling contract, you have to give 30 days notice to cancel. I wasn't sure when the renewed date was and expected an invoice in time to allow me to cancel if I wished. The contract was renewed and I missed the deadline to cancel, which I intended to do. How do I stand if I decide not to pay the bill, the firm is demanding the money

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

How long ago did you sign up to this service?

Customer: replied 1 year ago.
June 15
Customer: replied 1 year ago.
This is the first renewal

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Ben they have demanded payment by the end of tomorrow
Many thanks for your patience. It would not have been a legal requirement for the company to send you an invoice before you were due to renew the contract automatically. As long as the renewal terms, the renewal date and the cancellation notice were clearly stipulated in the original contract you had, that could be the sole reference to your legal position here. It does mean that if you did not adhere to these terms and missed the cancellation deadline, you could be bound to the renewal as per the contractual terms you initially agreed to. Therefore, if you fail to adhere to this and pay for the renewed contract you could be acting in breach of contract. That would allow the company to pursue you for the fees they believe you owe them and whilst you cannot be forced to pay these at this stage, they can consider legal action if needed. In doing so they would be going to the small claims court and if they are successful they could try and force you to pay up by getting a CCJ in their favour. Of course you will get the chance to defend yourself and there is no guarantee that they will go as far as making a formal claim so you may never have to do that.This is your basic legal position. I have more detailed advice for you in terms of the position you will face if they were to win any claim they make, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thank you. I assume that the costs they would be pursuing you for, of they were to go that far, would be below £10,000. In that case the matter would be gong in the small claims court, which is the preferred venue for smaller claims. You do not need legal representation to defend a claim so if needed you can do this yourself. The procedure is not too complex.

Another positive is that even if they were to claim and win, you would not be responsible for their legal costs because in the small claims court each party pay for their own legal costs. So you would then have to pay for whatever the curt believes you should owe them and at least then you know that a court of law has decided you were in the wrong and you must pay. But at least you would not be penalised excessively by having to pay the claimant’s legal costs as well. And as mentioned there is no guarantee they will ever go as far as making a court claim