Some legal contract advice need if possible

[urban33ltd]

Hi I'm hoping for a bit of guidance on this matter.

Basically I signed up for service for my business, without going into to much detail I signed a 12month contract and paid a setup fee. 1 month in it turns out not be what's been sold to me and the service is awful.

I have had various communication with the company asking for my money back because of the problems, they agreed to cancel the contract and not charge me any further money, they also admitted they had made mistakes over this.

However they will not refund my initial setup fee as they state that I signed a contract and this is a non-refundable fee.

My issue is that it's not me thats decided to end the contract I have had to as they have not only mis sold it but fallen down on the service front.

Now it's £500 plus vat which has been paid on my credit card, I have contacted my card provider and started a dispute but I'm guessing they will just show them the contract and that will be that?

Should I not bother with the dispute and just take them to court, I was thinking that it should be £500 plus all the time and effort that's gone into this which I calculate at £500.

So I have a leg to stand on?

Stuart

[M-C Hoare]

If they have not performed as per the contract then it is irrelevant that you signed it. I should pursue the matter through your credit card and see where it goes. Court action for a refund and compensation will take more of your time and there is a no costs rule for small claims (ie. you can only recover fixed costs no matter how long it takes to get to court and no matter how much you spend on legal advice, if any - this currently stands at £50 plus the Court fee plus a small allowance for attending the trial).
Marie

[noidea]

My issue is that it's not me thats decided to end the contract

Didn't you keep contacting them for a refund/cancel the contract?

[davidakerr]

Maybe you should contact your local Trading Standards Office..............sounds like they have renaged on their end of the contract.

[noidea]

I can't advise until I know what the contract says.

[urban33ltd]

I did keep contacting them to ask for a refund of the inital payment, what I meant by it not being my fault is that I didn't just change my mind I had to cancel as they couldn't do what I needed them to do, or what was offered and was getting no where with the customer service!

The contract says and this is what they keep saying back, is that it's a non-refundable set up fee of £500 plus vat.

stu

[noidea]

I did keep contacting them to ask for a refund of the inital payment, what I meant by it not being my fault is that I didn't just change my mind I had to cancel as they couldn't do what I needed them to do, or what was offered and was getting no where with the customer service!

The contract says and this is what they keep saying back, is that it's a non-refundable set up fee of £500 plus vat.

stu
You probably don't have a leg to stand on unless you can prove that the service was soo bad.