Money claim for bin services

Firo09

p00hsticks said:

Firo09 said:

sheramber said:

Firo09 said:

saajan_12 said:

Several questions
1) Were you contracting as a business or a consumer?
2) What did the website / emails / phone call say about minimum term and cancellation? 
3) What did the website / emails / phone call say about delivery times? (quote, as the wording can matter)
4) When were the bins actually delivered? 
5) How long after the phone call did you email to cancel? 

Firo09 said:

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Depending on the above, that may not be an option. Using a product isnt' always pertinent if they largely fulfilled the contract and minor breaches don't always allow you to tear up the contract. 

1) Business
2) I think it was min term of 24 months 
3) The bin was supposed to be delivered to us at the start of october we signed up at the start of September,
the bins didnt arrive until middle of october
5) emailed the next day following the phone call

Signed up at the beginning of September   then phoned to cancel the next day?

What was said when you said you wanted to cancel?

I emailed them the next day to cancel it and they stated that i am within a contract and they cant cancel it and if i do still continue i will need to pay the full fees

I'm slightly confused by point 5 of your timeline. When you say 'the next day', do you mean the day after you made the verbal agreement (start of September), the day after the bins were supposed to be delivered but weren't (start of October) or the day after the bins were actually delivered ? (mid-October). 

Have you given three months notice to cancel the contract, and if so when ? 

   Emailed in to cancel the day after making the verbal agreement over the phone.
No i didnt give them three months notice to cancel

Grumpy_chap

Is the amount now being claimed derived from the costs that would have been incurred during the required notice period?

Firo09

Not sure but they are claiming

£3245 for the “missed payments” & termination fees

But there was no bin collections because we did not even use their bins

I will email them now to check what my monthly payments were supposed to be because i cannot find the agreement

penners324

As said I think under contract law then this is fully payable.