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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15912
Experience:  30 years as a practising solicitor.
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We have been given an invoice for breaching our business

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We have been given an invoice for breaching our business waste recycling contract as they have said we were in a contract until 2023 which we weren't aware of. So they want payment of nearly £2000. The reason we terminated our contract during lockdown was because they took money out of our bank in April for the month of May before we even had May's invoice. We were struggling at the time due to isolating and they took £190 without notifying us. Also on numerous occasions they didn't empty our bins and never informed us why until I rang them up or email them to ask why. Usually they said their vehicles broke down and would come another time instead. They have said they weren't in the wrong but we were. So I'd like to know where we stand as I'm afraid they take us to court. Thankyou. Val Dunn
JA: Where are you? It matters because laws vary by location.
Customer: We are in Scotland.
JA: What steps have you taken so far?
Customer: Just emails and have printed them off. We have told them we think they breached the contract in the ways I advised you above.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so. Thankyou
Customer: replied 13 days ago.
this is a copy of the letter sent on 26th May and we also attached the letter in an email to make sure they received it due to royal mail being behind during lockdown. The company said they didnt receive the letter but were on short staff as they were working from home and we should have made sure they received it personally. i tried on numerous occasions to phone them to no avail just got a message on their answer phone regarding shortage of staff due to covid.So we would have had to travel 200 miles to make sure they received the letter. I got the details who the letter was to be sent to from a message received after filling in a contact form online re termination. They have also notified me by email this afternoon that our contract is 36 months and we took it out on 27th june 2011. so to be fair the contract would have ended 27th june 2020 but are holding us liable until 2023 as they didn't receive my letter and said they didnt have to read my email and attachment of contract termination in May. This is pretty bad and I'm worried about it.

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Note that delivery to the royal mail service is deemed to be delivery to the recipient. You terminated the contract because of their breach of contract. That would supersede the terms of the contract as to termination. They are in the wrong here and if they sue you You will have to defend the action and you would on balance be successful and could claim your costs. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 13 days ago.
Thankyou so much for that. I might be able to sleep tonight now as been so worried. Will thoroughly recommend you to others. Kind regards. Val Dunn

You’re welcome. Don’t forget to leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 13 days ago.
Will do thanks.
Customer: replied 11 days ago.
I've been informed that the company are getting their legal team involved and said that delivery to the royal mail is NOT deemed to be delivery to the recipient as we didn't send ithe contract termination recorded delivery . They also said they want their money nearly £2000 for the contract up to 2023 as we didnt cancel until after 27th June 2020 although it was 26th May the letter was sent in the post first class and the same date sent the attached signed letter by email but they said that means nothing as it was email. The day before I filled in the contact form on their website to say we wished to terminate the contract due to being unreliable and not turning up to empty the bins when they were supposed to and didnt have the courtesy to let us know and also taken money from our bank for 2 months before we even got the invoice. They are denying this but I have a copy of the invoice dated 1st May and they took the payment on 23rd April instead of 23rd May. This was during the lockdown when we had hardly any money and they took £180 instead of £90. Is that wrong them doing that?

It doesn’t matter. They are in breach of contract anyway. Tell them you don’t want to hear from them again.

Customer: replied 11 days ago.
I will do thankyou.