Specific Performance - Bait and Swith B2B Hosting contract

[allcry]

Dear Legal Beagles,


My hosting company has decided to tell me that they*are changing my contract. 1. We are changing you £3 plus vat per year more. 2. we are switching you from unlimited hosting to 2 hosts.

I have told them in my letter before claim that this is not the contract and asked them to provide the terms that they rely on.

They cannot exactly say what term they rely on, so I will be asking the county court to make a specific performance and Summary judgement which. They also said that my damages are not realistic and this is their reply.

Damages are awarded for breach of contract. In specific performance the "award" ids that the company goes through with the contract as agreed.

Summary judgement on specific performance is allowed at any time after service the claim and you do not have to wait for a reply. Part 24 rules.

Specific performance should not be done through Money claims Online (MCOL) but take forms N1(application) and N227(summary judgement non-specified amount) down to your local County Court. Also, provide a covering letter to the court manager explaining what you are asking for.

This is done in the small claims track, which restricts to costs only and not their legal defence costs if you lose.
I hope this helps those of us who are small businesses and still get pushed around by large companies.


Regards

Allcry








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[bakerl1]

The company that you are using has breached the contract, and you have to sue them.

[leiladonalds]

I would say that you need to change the hosting company, friend. This is absolutely NOT normal that they have changed the terms of the contract. They had no right to do that, and they need to be punished. However, this company has proved itself as a non-reliable one, so I would recommend you to change it. There are a lot of good dedicated servers in usa. Those companies are much better. The hosting service that I am using is providing the best hosting machines with a stable uptime for a very low price. They have servers with different specs all over the world, and I am sure that you can pick one for you. Moreover, they have a low-cost trial for new users. I hope that you will terminate your contract and switch to anoter company.