Payments stopped without notice

Discussion in 'Legal' started by Colin Castle, Dec 10, 2017.

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  1. Colin Castle

    Colin Castle UKBF Newcomer Full Member

    11 3
    Hi, i have had an agreement with a company for several years, they paid me a monhtly fee to manage and market their website which we did until i received a phone call last month saying they had been approached by another company and they were telling me they were ending their agreement.

    The problem is, there was never a contract signed, silly me. In my terms and conditions of business it clearley states that any yearly or monthly payment plan has to be cancelled in writing 30 days before the annual renewal date, also, every email i send out to our clients has a link saying that by using any of our services you agree to all our term and conditions with a link to that page on our website, they have said until i can show them an actual signed contract they cannot look into this further, they of course know there was never anything signed.

    Can anyone offer any advice as they never gave any notice and they had every opportunity to view my terms and conditions of business.

    I stopped working on their site and they have actually lost some first page positions already as their new website doesn't even have the most basic in optimized pages.

    Thank you for any advice
     
    Posted: Dec 10, 2017 By: Colin Castle Member since: Jan 8, 2017
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    12,453 3,235
    Wave them goodbye and let them get on with it.

    In future check that your TCS are watertight and that you have signed contracts.
     
    Posted: Dec 10, 2017 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Charlie B ACS

    Charlie B ACS UKBF Ace Free Member

    1,090 254
    Let it go, and if the new incumbent is as poor as you think, they might be back to you sooner rather than later. Then get them to sign a contract!

    If you push it now, it won't happen.
     
    Posted: Dec 11, 2017 By: Charlie B ACS Member since: Feb 21, 2008
    #3
  4. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    3,040 365
    If those terms are on your invoice and they paid your invoice my limited understanding is that payment of your previous invoice is acceptance of these terms but in the circumstances might be best to chalk up to a bad experience and move on.
     
    Posted: Dec 11, 2017 By: Lisa Thomas Member since: Apr 20, 2015
    #4
  5. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    10,539 2,130
    I realise you never want to lose a customer but why do you want anyone to be forced to stay with you for another year or up to renewal date, its far to long on both sides

    Change your terms to either 30 days notice required or three months and you may well find you get more customers in the long run
     
    Posted: Dec 11, 2017 By: Chris Ashdown Member since: Dec 7, 2003
    #5
  6. Nochexman

    Nochexman UKBF Enthusiast Free Member

    1,862 286
    What a horrible condition of service; how do you justify that?
     
    Posted: Dec 11, 2017 By: Nochexman Member since: Jun 14, 2011
    #6
  7. obscure

    obscure UKBF Ace Free Member

    2,932 688
    +1 to this. You should keep your clients by providing an excellent service that is better than the competition. If I was forced to stay because of frankly outrageous terms and conditions you can be sure I would be telling everyone I knew never to deal with the company in question. An initial one/two year contract would be acceptable but after that I expect a sensible notice period and none of this "the only way to give notice is by guessing my secret name and carving it into the magic oak that only appears during the full moon" nonsense.
     
    Posted: Dec 11, 2017 By: obscure Member since: Jan 18, 2008
    #7
  8. BEB_Kerry

    BEB_Kerry UKBF Contributor Free Member

    49 7
    Hi,
    It is a quite a standard term to implement rolling contracts in B2B contracts. However it is always discretionary whether to enforce that term.

    Technically they have breached, you also do not need a signature for it to be a legally binding contract. No one would expect to not give ANY notice at all, not even consumers.

    Happy to advise further if you would like.

    Kerry
     
    Posted: Dec 11, 2017 By: BEB_Kerry Member since: Nov 29, 2017
    #8
  9. STDFR33

    STDFR33 UKBF Big Shot Free Member

    3,896 979
    It's pretty standard nowadays.

    A lot of big accounts / tax software providers insist on 90 days notice otherwise you automatically enter into another 12 months contract.
     
    Posted: Dec 11, 2017 By: STDFR33 Member since: Aug 7, 2016
    #9
  10. AllUpHere

    AllUpHere UKBF Ace Free Member

    3,022 1,088
    They obviously weren't happy with the service you provide, otherwise they wouldn't have jumped ship. The worst thing you can do is to try to keep them by using restrictive terms and conditions. You'd be better off using your energy to find out why they decided to go elsewhere.
     
    Posted: Dec 11, 2017 By: AllUpHere Member since: Jun 30, 2014
    #10
  11. Paul Norman

    Paul Norman UKBF Ace Free Member

    2,508 767
    Any time you spend on this is a waste of time.

    Archive the site (in case they come back with humble pie), send them a polite thank you note for their business, acknowledging they have now brought to a conclusion the contract.

    I promise you that enforcing a 30 day notice period is not worth the effort here.
     
    Posted: Dec 11, 2017 By: Paul Norman Member since: Apr 8, 2010
    #11
  12. Colin Castle

    Colin Castle UKBF Newcomer Full Member

    11 3
    Hi all and thank you for your feedback and advice, i believe that they were offered this and offered that but we will see, maybe i will leave it and move on, like they say, one door closes and another opened

    All the best
     
    Posted: Dec 11, 2017 By: Colin Castle Member since: Jan 8, 2017
    #12
  13. Xtm_Mike

    Xtm_Mike UKBF Regular Free Member

    441 101
    Not nessessarily, people can be easily drawn in by sales patter, the promise of better results for less cash. I offer similar services and have lost clients in the past for the very same reason. I don't really have any strict contracts though. After 12 months it technically becomes a rolling contract. As above, I woudn't want to force anyone to work with me if they didn't want to.. If they get drawn in by sales calls then thats their loss.
     
    Posted: Dec 12, 2017 By: Xtm_Mike Member since: Dec 10, 2010
    #13
  14. Rafael Mediator

    Rafael Mediator UKBF Contributor Free Member

    46 7
    Definitely let it go. If you try to force the issue they will resent it, and likely find a way out anyway, and certainly never come back to you. Maybe you could politely remind them of the condition, but let them know that you will not enforce it as a gesture of goodwill, and they are welcome to return anytime. That way you get a bit of goodwill out of it.
     
    Posted: Dec 12, 2017 By: Rafael Mediator Member since: Mar 14, 2017
    #14
  15. CW Legal Services

    CW Legal Services UKBF Regular Free Member

    156 23
    You could always invoice against the issued terms then collect it as a debt. It is always easy for others to advise letting something go when they are not the one's not getting paid.
     
    Posted: Dec 15, 2017 By: CW Legal Services Member since: Jan 19, 2016
    #15
  16. Xtm_Mike

    Xtm_Mike UKBF Regular Free Member

    441 101
    Where does it say he hasn't been getting paid? They told him they're terminating their none contractual agreement with him, he's stopped working on their site, and they don't owe him any other monies.

    The OP could push the issue, but without a contract, and taking into account other things like damaging relationships, is it worth the hassle? No. Learn from this problem, make sure contracts are signed and end the relationship professionally.. if they are already losing position in Google then they could be back when they realise they made a mistake.
     
    Posted: Dec 17, 2017 By: Xtm_Mike Member since: Dec 10, 2010
    #16
  17. simon field

    simon field UKBF Big Shot Full Member - Verified Business

    4,037 1,507
    Without a court order?

    I think not!
     
    Posted: Dec 17, 2017 By: simon field Member since: Feb 4, 2011
    #17
  18. Mr D

    Mr D UKBF Legend Free Member

    16,177 1,803
    Someone may come back to you as a customer in the future unless you burn all the bridges first.
    Can be hard ass about the terms and conditions or can be gracious. Which one is more likely to get them maybe as a customer in the future?

    Enforcing the non contract will at the very least be a distraction.
     
    Posted: Dec 17, 2017 By: Mr D Member since: Feb 12, 2017
    #18
  19. CW Legal Services

    CW Legal Services UKBF Regular Free Member

    156 23
    Xtm Mike needs to learn to read what was stated verbatim. It is very English not to ask for what is righfully yours. If you have a contract that entitkles you to payment seek the monies. Try applying the same logic of letting it go to HMRC.
     
    Posted: Dec 21, 2017 By: CW Legal Services Member since: Jan 19, 2016
    #19
  20. Xtm_Mike

    Xtm_Mike UKBF Regular Free Member

    441 101
    You mean the contract that was never signed and can only be assumed it was read from the footer of an email?

    From what I understand, the client has paid up until they notified of cancellation. Payments stopped, the work stopped... the OP could fight for some extra cash for his services that are no longer required, but why bother? move on, learn from mistakes, put effort into getting new client.

    We're arguing over one more months payment, to cover enough time to put it the 30 days notice.

    Let it go - the chances are the company that approached them will be useless and they could come back.
     
    Posted: Dec 21, 2017 By: Xtm_Mike Member since: Dec 10, 2010
    #20
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