Legal Advice Regarding Contracts Please.

Carl.

Hi,

If a company in the UK which you have a contract with does not itself comply with UK Law, which is something you discover after entering into contract with them, do you have to honour that contract or is it made invalid by the companies non-compliance with UK law?

I am posting in this section due to the law in question being the Communications Act 2003.

I'd appreciate any advice that anybody can give.

normanmark

Bit vague their Carl. Fancy being more specific as to which part the service provider has broken?

Carl.

The requirement to be registered with an ombudsman.

normanmark

Can you quote the relevant act/law & a link possible which states this?

As far as i was aware its not a legal requirement

dmg24

Many ombudsmen schemes are voluntary ... as nm says, you need to be more specific.

gt94sss2

Carl. wrote: »

If a company in the UK which you have a contract with does not itself comply with UK Law, which is something you discover after entering into contract with them, do you have to honour that contract or is it made invalid by the companies non-compliance with UK law?

I am posting in this section due to the law in question being the Communications Act 2003.

I see you are talking about 'the requirement to be registered with an ombudsman'.

I don't know which communications company you are talking about or what problem you are experiencing with them, but the fact that they are not following this element of the legislation does not mean that the contract you have is invalid and that you can ignore it.

There are other things that might mean your contract or elements of it are invalid - if they are unfair for instance but not that.

The requirement for a communications company to be registered with an ombudsman is actually something that should be policed/enforced by Ofcom.

Regards
Sunil

Carl.

So where does one go as an alternative to an ADR if the company simply ignores the legislation?

gt94sss2

Carl. wrote: »

So where does one go as an alternative to an ADR if the company simply ignores the legislation?

Ofcom and/or a court (small claims probably)

It all depends what your problem is and which company it is - neither of which you have stated - as sometimes another organisation can also be approached.

Regards
Sunil

custardy

c'mon carl,you could get much better answers if you just state the issues you are having

Carl.

It's more for future reference really, I had a problem with a company which should be resolved once they get my most recent letter, but in the course of dealing with that, I was informed that a couple of telecommunications companies I deal with don't have ADR's like they are supposed to and was wondering where I stood if there was a problem that arises.

Although I haven't had an issues with those companies to date, the idea that they don't have that safeguard for their clients/customers alarms me somewhat, together with their blatant disregard for UK law.

I'll probably end up moving my money to companies who do offer that protection, just in case an issue every does arise. That's why the contract question, one of the companies I shall have to wait to leave before I get that peace of mind.

dmg24

TBH sounds like you are looking for trouble ...