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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 23
Experience:  Qualified Solicitor
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I tried to cancel a service contract (employment and H&s Advice)

Customer Question

I tried to cancel a service contract (employment and H&s Advice) that is on a rolling contract but was advised I could not. I was supposed to have given them 6 months notice before the rolling over date but at this stage I had no idea I needed to cancel (I didn't know we were going to sell the business!). I have informed them ahead of the contract rolling on and have even offered to extend my contract for a further few months to try and compensate. They will not let me do any of this, what can I do?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Are you the service provider? If so is it not the case that the purchaser of your business will take on and complete the contract?
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Sorry, I was rushing earlier.

We run a nursery and had subscribed to a Company called Citation to provide our Employment law and H&S advice. We have recently decided to sell the nursery and will exchange on the 1st Oct this year. The nursery taking over already has existing provision in place and does not wish to carry on with Citation.

Our current contract is due to end on the 7th July and we informed them a few weeks ago that we wouldn't be continuing. We were informed at this point that we should have given notice in January to do this. This was impossible however as we had no idea that we were going to sell!

To try and smooth things over I proposed that we extend the current contract until the exchange date (to try and appease Citation) but they kept saying the same thing about January and I've given up repeating that we had no idea in January!

All of other contracts (gas, electric, pest control etc) are more understanding and are ending their contracts when we exchange, they may well set up with the new company but this is not guaranteed especially as they will have to go through the credit check process.



Expert:  JGM replied 3 years ago.
Thank you for explaining. Are you selling the shares in your existing company to the purchaser or are you simply selling the assets of the company?