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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I recently entered into a contract for a HR company. They

Customer Question

Hello, I recently entered into a contract for a HR company. They have already let me down and have lied about invoicing terms. I'm trying to get out of the contract as not only have they missold it, but they have the wrong company name on the contract (the trading as name only) and no company number on the paperwork. Can you advise if this is legitimate way to withdraw from the contract. They're adding there is not business to business cooling off period.
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Did you sign the contract? How much notice are they trying to make you give? Have you suffered any losses from their service provision?

Customer: replied 10 months ago.
Hello, yes I signed the contract, although I have since been advised that I do not have the authority to do so, as should have been signed by the majority shareholder. (I am a minority shareholder).They are stating the contract cannot be cancelled and is for 5 years.We have suffered losses, as the sales person advised we would be invoiced in arrears and the service would commence on may 1st. So we shouldn't have been invoice until end of may, but have already been invoiced for 2 months. Also, some of the services they offer aren't being implemented until the end of June, causing further business problems.I registered concern with the sales person before submitting the contract, he said to disregard the parts about the invoicing. I was also concerns that the contract was submitted to me as a photo, and as you can see the terms aren't legible.
Customer: replied 10 months ago.
Also, the business name is ***** ***** just a trading name and the address is not an address associated with the business. It is a private residence that we provide domiciliary care for the residents. Viking Care or one park road do not own the property, but visit the tenants.
Expert:  Alex J. replied 10 months ago.

Thank you. As you are a director of the company unfortunately I do not believe a slight error in the name will work. Also the argument you did not have authority wont work, because you are a director, you have what is known as ostensible authority. I would focus on trying to prove that you are terminating because they have breached the contract through poor service. What exactly did they do wrong?

Customer: replied 10 months ago.
OK, will focus on that.The salesperson advised we would be invoiced in arrears. I explicitly told him we would be able to afford it otherwise. I also advised we didn't want to commence until May. I've received an invoice for May and June already. Although wasn't expecting to pay until the end of each month.Regarding the service, the offer health and safety checks and employment law paperwork, none of these are booked in until the end of June, so are unlikely to be in place until july or August. They advise they couldn't see us sooner.
Customer: replied 10 months ago.
wouldn't be able to afford it otherwise
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Will you obtain this service from another provider if it is terminated? Kind regards AJ

Customer: replied 10 months ago.
Hello, yes we will be.
Expert:  Alex J. replied 10 months ago.

Thank you. If you are adamant on changing service provider and cancelling the service this is likely going to end in a dispute. As a starting point you need to put them on notice that you are terminating the service - say they have not supplied the service with reasonable care and skill in accordance the Supply of Goods and Services Act 1982- furthermore they have not followed invoicing instruction which were a condition of your acceptance of the service, If they then sue you it is their prerogative, but you would have to defend the claim. You could then consider bringing a counter claim for the losses you have suffered from their breach and from having to find a new service provider. Kind regards AJ