Lease on Printer - Where do we stand?

CoffeeandStitches

Wrong forum. Please remove.

sjbrun

There are no consumer rights with a business puchase. You are not a consumer and are a business who is supposed to read contracts, so it depends what the terms of your contract say. Is there a get out clause for bad service in the contract? Did you ask them to put one in?

See a solicitor if you need help.

CoffeeandStitches

Totally in the wrong forum then, I shall remove

But in answer to your questions, I know the contracts are meant to be read. Unfortunately this one pre dates me, and heaven knows what was being thought when it got signed.

No get out clause for bad service. I don't even know if it was discussed.

Thank you for your reply, much appreciated!

bris

Do you have a paper trail for cancelling the contract within 90 days, an email will do.


Although you don't have consumer rights you do still have contract law. If you can prove you cancelled the contract within the agreed peiod, whether they dealt with it or not, then they would be very hard pushed to prove you are bound by the new terms.

CoffeeandStitches

bris wrote: »

Do you have a paper trail for cancelling the contract within 90 days, an email will do.


Although you don't have consumer rights you do still have contract law. If you can prove you cancelled the contract within the agreed peiod, whether they dealt with it or not, then they would be very hard pushed to prove you are bound by the new terms.

bris that's really helpful, thank you.

We have a written document provided in August 15 from our account manager stating the end of lease in August 2015, and confirming that 90 day cancellation was required if we wanted to exit the now rolling contract, no mention of exit fee in this correspondence. We also have the e mail request we sent them following that requesting termination of contract.

The problem that we have had is that because the original contract said 5 years with no break clause, the company are stating that this is what it is, nothing they can do about it, and that the account manager has, 'Just made an error'. Fair play, we all make mistakes, but I'm just finding it hard to swallow the fact that we want to exit, don't want to pay a large fee, was told that we could, in writing, and have now had that revoked. I get it is an error on their part, but surely good practice would be just to swallow their own error and let us ext, even at a reduced fee?

Something is telling me that if a written document is exchanged like this that it would over ride any original contractual terms, but I could be totally wrong.

It's highly likely we will seek legal advice (again!), but it just stings with it being the second time we have had to do this, it's not cheap. I didn't want to pay for the advice if we really don't have a leg to stand on, so I really do appreciate everyone's input.

naedanger

CoffeeandStitches wrote: »

bris that's really helpful, thank you.

We have a written document provided in August 15 from our account manager stating the end of lease in August 2015, and confirming that 90 day cancellation was required if we wanted to exit the now rolling contract, no mention of exit fee in this correspondence. We also have the e mail request we sent them following that requesting termination of contract.

The problem that we have had is that because the original contract said 5 years with no break clause, the company are stating that this is what it is, nothing they can do about it, and that the account manager has, 'Just made an error'. Fair play, we all make mistakes, but I'm just finding it hard to swallow the fact that we want to exit, don't want to pay a large fee, was told that we could, in writing, and have now had that revoked. I get it is an error on their part, but surely good practice would be just to swallow their own error and let us ext, even at a reduced fee?

Something is telling me that if a written document is exchanged like this that it would over ride any original contractual terms, but I could be totally wrong.

It's highly likely we will seek legal advice (again!), but it just stings with it being the second time we have had to do this, it's not cheap. I didn't want to pay for the advice if we really don't have a leg to stand on, so I really do appreciate everyone's input.

Was the contract renewed shortly after the time your company was given the false information (i.e. that the contract would become a rolling contact)? If so I would have thought it would be worth consulting a solicitor. I would have thought it may be possible to argue that the terms your company were told about form part of the renewal offer (and contract).

If however when your company was given the false information they could not have avoided the contract's current terms then I doubt anything can be done. Yes your company was told false information but it did not lead to any loss.

(The above is just my personal views on whether it is worth consulting a solicitor. I don't have any legal knowledge. Also I did not read your now deleted post, so am inferring the problem from the other posts.)