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Hi Everyone
I'm new to the forum so would like to say hello -
I signed up for a B2B contract last year with CallReady.co.uk (Dolphin Communications Ltd) for a virtual telephone number. The cost was around £3.54 per month. I asked to have the number divert to an 0800 number which it turned out they could not do (not clear on their site but it turns out normal).
There was no negotiation possible and I had to accept their standard T&C's (attached below).
When I asked to cancel the contract they refused stating it was a 12 month contract and I must wait until the last 30 days to cancel or the contract would auto-renew. I offered to pay the remaining 10 months in one go and cancel but they insisted it was a monthly payment, which I did not pay.
They have added late payment fees of £30 per month to the account and I now owe in the region of £391 for which they are threatening County Court action. I believe these fees amount to penalty charges which I understand are unlawful in common law.
As I am in the last 30 days of the initial term and I have asked them to cancel the contract to prevent auto-renewal and they are refusing until I pay the amount they claim is outstanding, stating the contract will auto-renew and monthly fees (and late payment fees) will continue to accrue.
Where to I stand on this? Is there any protection under the Unfair Contract Terms Act or CPR? Are late payment fees of £30 per month excessive in respect of a monthly payment of £3.54?
How would I resist the penalty clause? Should I await County Court papers and use it as a defence or challenge the company prior to things getting that far?
Does the fact that I live in Scotland change anything? (There is an exclusive English Law clause in the contract).
Any help would be appreciated.
Paul
Terms and Conditions:
I'm new to the forum so would like to say hello -
I signed up for a B2B contract last year with CallReady.co.uk (Dolphin Communications Ltd) for a virtual telephone number. The cost was around £3.54 per month. I asked to have the number divert to an 0800 number which it turned out they could not do (not clear on their site but it turns out normal).
There was no negotiation possible and I had to accept their standard T&C's (attached below).
When I asked to cancel the contract they refused stating it was a 12 month contract and I must wait until the last 30 days to cancel or the contract would auto-renew. I offered to pay the remaining 10 months in one go and cancel but they insisted it was a monthly payment, which I did not pay.
They have added late payment fees of £30 per month to the account and I now owe in the region of £391 for which they are threatening County Court action. I believe these fees amount to penalty charges which I understand are unlawful in common law.
As I am in the last 30 days of the initial term and I have asked them to cancel the contract to prevent auto-renewal and they are refusing until I pay the amount they claim is outstanding, stating the contract will auto-renew and monthly fees (and late payment fees) will continue to accrue.
Where to I stand on this? Is there any protection under the Unfair Contract Terms Act or CPR? Are late payment fees of £30 per month excessive in respect of a monthly payment of £3.54?
How would I resist the penalty clause? Should I await County Court papers and use it as a defence or challenge the company prior to things getting that far?
Does the fact that I live in Scotland change anything? (There is an exclusive English Law clause in the contract).
Any help would be appreciated.
Paul
Terms and Conditions:
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