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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12027
Experience:  Senior Associate Solicitor
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Dear Jim Thank you for your help last week and the two

Customer Question

Dear *****Thank you for your help last week and the two template letters which you sent to me. As you suggested I have drafted a letter to Spaceworks, using and adapting the templates, and would appreciate it if you could look at the draft, attached below, and let me know if it is effective and sufficient .Before reading, I have a couple of points and questions:(I) when I viewed the space and agreed to the contract I had not been shown any terms and conditions, nor were they mentioned at any time. There was certainly no referral at all to the possibility of an automatic renewal of the contract, let alone a renewal some three months before the existing contract had even ended. A set of the t and c’s was attached to a subsequent email confirming the terms of the agreement but the attachment could not be opened and of course I assumed that they would not have contained anything which I did not already know or had been told. (As a matter of note, they attached a copy to their email sent to me on 4.11.20 which still could not be opened or the contents ‘found’.) Does this alter your view?(II) Could it be argued that I effectively put them on / or gave them notice in March (when I phoned to seek early termination) that I would certainly not want the contract to be renewed, automatically or otherwise, and that therefore the purported renewal was invalid for this reason too?(III) Would you advise that I stop payments due under the agreement immediately, and put them on notice in this letter that I am doing so?Thank you again for your help, if it would be easier to discuss this on the telephone please feel free to ring me on my mobile number.Yours sincerely
Submitted: 20 days ago.
Category: Law
Expert:  JimLawyer replied 20 days ago.

Hi, this is Jim, thank you for the further question.

It looks fine though I would add in (to this section) :
"You will appreciate that performance of the contractual terms during the period of the force majeure can therefore be suspended". If there is no end in sight whereby performance can take place, the contract will be frustrated and therefore void".

To answer your follow up questions :
1. no, my view has not changed given the further information. They should have been up front with you from the outset with their terms and conditions, otherwise they are in a stronger bargaining position than you and there is an argument the contract is unfair.
2. It doesn't matter - if performance is impossible then the contract is void whether you give notice or not.
3. yes, as the contract is void, you are not under an ongoing obligation to keep paying them, indeed if you do, you may be seen to be acquiescing to the void contract and having it restored due to the fact you are paying.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 20 days ago.
thank you again Jim and have a good day
Expert:  JimLawyer replied 20 days ago.

My pleasure, and you too, thanks

Customer: replied 3 days ago.
Dear ***** - Further to your recommendation I have now recieved a reply from said problematic company. I would greatly appreciate further advice if you could?their response was:Dear Jonathan,Thank you for reaching out to the Account Helpdesk.We are contacting you regarding to the online account number(###) ###-####
We would like to inform you that your previous agreement (Dec 10,2018-Dec 31,2020) has been auto-renewed for the new period (Jan 01,2021-Dec 31,2022) because you didn't terminate your agreement before the Notification due date - 30/09/2020Please be advised that it is written in the Terms&Conditions that if you don't want your agreement to be auto-renewed you have to terminate it, please see below:AUTOMATIC RENEWAL: SO THAT WE CAN MANAGE YOUR SERVICES EFFECTIVELY AND TO ENSURE SEAMLESS CONTINUITY OF THOSE SERVICES, ALL AGREEMENTS WILL RENEW AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM UNTIL BROUGHT TO AN END BY YOU OR US. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE. THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE (PRICES ARE SET ANNUALLY SO DEPENDING ON WHEN YOUR AGREEMENT IS DUE TO RENEW, THERE MAY BE A CHANGE IN PRICE). IF YOU DO NOT WISH FOR AN AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY WITH EFFECT FROM THE END DATE STATED IN THE AGREEMENT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING US PRIOR NOTICE. NOTICE MUST BE GIVEN THROUGH YOUR ONLINE ACCOUNT OR THROUGH THE APP. THE NOTICE PERIODS REQUIRED ARE AS FOLLOWS:Term Notice Period
More than 3 months no less than 3 months’ notice prior to the end of the term
If you have any further questions, please do not hesitate to contact us.Kind Regards,I am minded to not seek compensation for rent paid during lockdown as I want the matter closed as quickly as possible. With this in mind I have drafted a response as below but wanted your opinion first to know that I am not undermining my first response to them. my draft response is thus:Dear Milos LThank you for your email dated 19.11.20, the contents of which I have noted.However your email does not address any of the points with regard to the contract made in my email to you dated 9.11.20 - specifically in the paragraphs under the heading ‘Way Forward’.
Please reply now addressing those points without further delay.Please also note that, in accordance with the advice referred to in my email, I will not be making any further payments under the original agreement. with the intention to bring this matter to a close and as a gesture of good will, I will not seek reimbursement of the sums inappropriately taken by you and consider this matter closed.Yours sincerely
Jonathan WestYour thoughts on this draft would be most welcome. Thank you
Expert:  JimLawyer replied 3 days ago.

Thanks, ***** ***** have not addressed the fact the contract is frustrated and your reply looks fine to me.
Just a note that any further questions should ideally be posted within 7 days of this one (as the original one cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 3 days ago.
apologies, yes absolutely will do in future
Expert:  JimLawyer replied 3 days ago.

Many thanks, ***** *****