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Verbail changes to Contract Period
Lights1
Posts: 2 Newbie
Hi all,
Edit(Sorry I Know I spelt Verbal incorrectly)
I’am hoping you kind people can after some advice on changes to a contract termination period.
I will try to be the point.
I had a contract for child care in place for some 4 years.
Last year when we changed childcare arrangements and stopped the nursery, we questioned the nursery Manager for their termination period to be advised that they only needed one month.
This we did this orally with the Manager, stating the last day of attendance, one month post the conversation. The Manager appeared happy with this and we believe everything OK.
We now have a threatening letter from the company demanding two months payments as we did not serve notice.
On going throught my files from 4+ years ago I have foundan original blank copy of the contract from the time, the original did express two months written notice for termination.
Where do I stand regarding the information we received from the Manager of the one months notice?
We had previously ask the Duty Manager to be told the same one months notice.
I have asked the company to supply a signed copy of the agreement to confirm I did sign the form, which Im sure I did.
So the question is can I say that the oral agreement overtook the prevous agreement terms?
I don’t see why on being informed by the Manager (a representative of the company) that the period is one month should not stand, nor the fact it was orally received.
Two Ifthey cannot produce the signed document does this have any baring on the contract.
One minor point not in my favour is the manager has now left the company and maybe hard to contact to confirm or deny. (Im looking into this)
Your welcome advice and comments please.
Thank You
Lights1
Edit(Sorry I Know I spelt Verbal incorrectly)
I’am hoping you kind people can after some advice on changes to a contract termination period.
I will try to be the point.
I had a contract for child care in place for some 4 years.
Last year when we changed childcare arrangements and stopped the nursery, we questioned the nursery Manager for their termination period to be advised that they only needed one month.
This we did this orally with the Manager, stating the last day of attendance, one month post the conversation. The Manager appeared happy with this and we believe everything OK.
We now have a threatening letter from the company demanding two months payments as we did not serve notice.
On going throught my files from 4+ years ago I have foundan original blank copy of the contract from the time, the original did express two months written notice for termination.
Where do I stand regarding the information we received from the Manager of the one months notice?
We had previously ask the Duty Manager to be told the same one months notice.
I have asked the company to supply a signed copy of the agreement to confirm I did sign the form, which Im sure I did.
So the question is can I say that the oral agreement overtook the prevous agreement terms?
I don’t see why on being informed by the Manager (a representative of the company) that the period is one month should not stand, nor the fact it was orally received.
Two Ifthey cannot produce the signed document does this have any baring on the contract.
One minor point not in my favour is the manager has now left the company and maybe hard to contact to confirm or deny. (Im looking into this)
Your welcome advice and comments please.
Thank You
Lights1
0
Comments
-
Have you spoken to them since receiving the letter?
You may be able to sort it out simply by calling them & explaining.
If not then you may be in difficulties given that the manager has left the company.
I would certainly not pay an extra 2 months though. You did give 1 months notice so the maximum you should have to pay is 1 month.Wedding 5th September 20150 -
Sam Goldwyn said that a verbal contract is worth the paper it's written on. Whilst that's untrue, they're notoriously difficult to prove.0
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I have written a letter in response explaining the situation, which they should receive today.
In the interim (yesterday) I received a second telephone call, initially to confirm I had received their letter, (received only the day before) then demanding I provide them prove of:
a) The period my company would continue to pay child care after I left the company (a secondary issue).
b) Telling me I must provide written notice to head office.
I tried to explain that the details are in the letter sent to them by return post, but it’s looking like I’m dealing with a goon only interested in debt collection.
I will pay for service and debts where due but I feel dismayed to be forced into paying up based on poor advice from the companies employees. Specially due to the sum and that its going to hit us hard at the moment.
I will await their response, and update you as this continues.0
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