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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  Lawyer
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We are a church and we recently changed phone supplier from

Customer Question

Hi,
JA: Hi. How can we be of help?
Customer: We are a church and we recently changed phone supplier from Bell Canada to
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Rogers and much to our surprise we received a bill for termination of $ 408.00,
JA: Please give me a bit more information, so we can help you best.
Customer: based on what they said was a contract that ran for 36 months, which was accepted with a click (they maintain) and was autorenewed for another 36 months. They list a po number which is not ours. But they maintain there is x months left on the autorenewal. They further state that it was listed on the invoice that this was under contract. If that is so, we never noticed or saw it.
JA: Is there anything else the Lawyer should be aware of?
Customer: We have had the phone ( ahome phone line in the pastors office) for a lot of years. They claim it is a business phone. Yet we are not a business.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am not quite following. Are you saying you should not have to pay the termination charge and if so why not if this was an autorenewable contract? Are you saying you were mislead about that for example?

Customer: replied 1 year ago.
The problem that I see, is that we are not even aware of there being a contract, let alone a renewal based on an evergreening clause that they claim they have. They do claim that it was listed on the invoice, but that can hardly ? be a valid defense ?
We are a church and as such many hands handle bills, and while it may have been on there I personally had never seen it.
Customer: replied 1 year ago.
We are unaware of any contract being forwarded, or advised to us. Surely, ? Bell Canada cannot just maintain there is a contract when no written contract exists (that I know of)
Expert:  Debra replied 1 year ago.

They can maintain there is a contract if you or someone else acting as agent for the church entered into an agreement with them but they have to prove that there was indeed such a contract.

I assume they can do that because the don't usually try and charge a termination fee.

So demand they provide proof and if they cannot tell the you are not paying and that you are happy to have a court decide.

Customer: replied 1 year ago.
thanks
Expert:  Debra replied 1 year ago.

If we are done please rate me before you leave the site so that I can receive credit for my work.