UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

i have been working with an seo company and am unhappy with

their service. they are only...
i have been working with an seo company and am unhappy with their service. they are only interested in collecting their fee which is £750+vat per month. and i do not feel they are delivering a service which warrants this, also the results have been nil.

i have said i would like to cancel but they have told me i am in a years contract and if i cancel 50% of the fee will be due. this would be a significant amount of money and i run a very small company. it would basically put me under.

i have not signed a contract and was not advised we would be tied in for 12 months. i was not given any t&c's although they are on their website as i have looked since. i did accept a purchase order which gave the full price for 12 months but was shown as a monthly cost.

they are a large company and i cannot afford to pay solicitors etc to fight them in court. i just need to know if i have a leg to stand on not paying the cancellation fee?

they have already sent a solicitors letter for one months charge (£900) as it was due for this months service, which they dont do until they receive payment so i have effectively not received any service which hasnt been paid for.
Show More
Show Less
Ask Your Own UK Law Question
Answered in 3 minutes by:
5/17/2013
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Ask Your Own UK Law Question
Customer reply replied 4 years ago
i am trying to find out if they are able to make me pay the cancellation fee? if it would stand up in court if they chose to chase me for this, which i feel they would.

the service has not been undertaken and as mentioned i didnt sign a contract just a po. here is a link to what i was supplied - https://portal.webeventseurope.com/ZW4zeGVPbXs%3d/PO.aspx?e=SqofmIGWDdGiPgWWtumGmQ%3d%3d&PurchaseOrderID=TIPCio7uYKM%3d
Customer reply replied 4 years ago
Relist: Incomplete answer.
i cannot see a response - the link on the email doesnt work and it says that he is offline.

Was that the doc you signed? Did you send it back to them?

Have they done anything at all?

Ask Your Own UK Law Question
Customer reply replied 4 years ago
yes that is the doc i agreed to, electronically signed so no hard copy.

yes they have undertaken work in nov, dec and jan but i feel it is sub par to what was promised and the reports supplied had to be chased and didnt detail work undertaken just site figures which are ran through various software. when i requested info on actual work done i was sent a small list of links generated in month 3 only. they upset me most by chasing payment for invoices 2 weeks before they are due. this company is only about the money.




They are not
entitled to charge you a cancellation fee but they are entitled to sue you for
their loss if you contracted to deal with them for 12 months and now you are
deciding not to do that.

If they decide to
take you to court, you have a defence firstly because they have not provided
the service that they contracted to do (and as a result, you may have suffered
loss yourself) and secondly, if you cancel, they are not entitled to the full
contract value because they have not done the work.



The difficulty is
that I have seen these kind of court claims go both ways where the judge has
awarded the full contract value and others where he is only awarded the loss of
profit. Whether it was Small Claims Court or not would depend on how much they
decided to issue proceedings against your company for. If it was over £5000, it
would not be Small Claims Court and if you lost, they would get costs awarded
against you but, as you said, it would send your company down and they would
get nothing.



You have a
possible counterclaim if you can prove that they have not actually done any
work in the last five months and as a result of that, you are the lost headway
or profit.



In that respect,
you might want to get another SEO company to look at this for you to see
whether they can ascertain whether any work has been done or not. Armed with
that information you can tell them what they have done or what they have not
done and that you will defend any action they bring on the basis of the information
that you have gleaned.



We are not
allowed to recommend companies on here and you may find a company local to you
although I do know people who have used this guy http://www.flame-media.co.uk/ who is a one-man band with few overheads and
therefore does give exceptional value for money. I do know that he will look at
your website for you free of charge and put a proposal. He will also tell you
what has been happening historically which will assist you. Email is the best
contact medium because he is all over the place although I can tell you that he
does work late.



Once you have
some information with regard to what the existing company has done or has not
done you are in a better position to go back to them with regard to your cancellation



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.

Ask Your Own UK Law Question
Customer reply replied 4 years ago
thank you for this reply.

at present they are clearly requesting a cancellation charge. it is detailed in their t&cs as mentioned but these werent supplied to me as you can see as part of the order. so what you are saying is that this cancellation charge is not enforceable by law?

i understand they can change their mind and sue instead but i do have an email paper trail saying they want to charge a cancellation charge rather than the other option - will this make a difference?

all work undertaken already has been paid for. they are chasing an invoice for one months work but it wasnt undertaken as they pause the account rather than do work which hasnt been paid for so the contract has been on pause for two months. no work being done and no payments being made. i have agreed to pay the £900 invoice as a good will gesture if they dont chase the further amount (50% of rest of alleged contract).

i will most definitely contact the person you have mentioned, and am looking into other alternatives also but it is hard to do so if i still have to pay these guys! i wont have anything left to pay someone else too.





Thank you.

You need to
consider how much you want to pay to get rid of this. Sometimes it is better to
pay a few quid and move things on.





In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments that they may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.



So consider deciding how much you would like
to pay the (you need to make it attractive enough) and send it with a covering
letter headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
all.



Tell them in the letter that you are offering
this money in full and final settlement of all claims against you, past,
present and future, and that by cashing it they accept it as such. Tell them
that if they do not accept it, they should return the cheque to you and if they
issue legal proceedings, you will defend them on the basis of A, B, C,
whatever.



Tell them that if they do not understand the
significance of the letter. They should take independent legal advice.



I can tell you this approach works nine times
out of 10, provided the offer is reasonable and not derisory.





For legal reasons which I will not bore
you with but which go back several hundred years, the cheque must not come from
you, but was come from a third party, friend, relative, solicitor, our
accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.



Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html



more?

James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
James Mather and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask James Mather Your Own Question
James Mather
James Mather
James Mather
Category: UK Law
Satisfied Customers: 22,629
22,629 Satisfied Customers
Experience: Senior Partner at Berkson Wallace

James Mather is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

22,629 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
37 years ago I was arrested at Heathrow airport for
Hello. 37 years ago I was arrested at Heathrow airport for possession of 12 grams of marijuana. I went to court, paid a fine of 40 pounds and continued my travel. Back then I was an Austrian citizen; … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
A family agreed loan, which has no repayment time span, is
A family agreed loan, which has no repayment time span, is causing problems as one of the 2 creditors has had a stroke and is now subject to a Power of attorney who want to know how the debt can be pa… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,667 satisfied customers
I was caught stealing from work and admitted everything and
I was caught stealing from work and admitted everything and gave all the items back. The police were still called and I was arrested on the day and the goods were recovered from my house with me coope… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers
How do you get the opposing side to admit something so that
How do you get the opposing side to admit something so that you don't have to prove it in court ?… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
It's really a simple question Someone wasted my time by
It's really a simple question Someone wasted my time by refusing to pay for items on eBay. I cancelled his purchase, then amended my listing to say "a time wasted by going by the eBay name xxx has jus… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,667 satisfied customers
I ahve just had a phone call from a third party ppi claims
hi I ahve just had a phone call from a third party ppi claims company that i started with but they requested more information, so i decided to ring my bank and withdraw 3rd party authority on my claim… read more
Jamie-Law
Jamie-Law
5,367 satisfied customers
I am giving my son £750 per month as he is unemployed due to
I am giving my son £750 per month as he is unemployed due to being Epileptic and unable to get a job. Does he have to declare this money to the tax authorities?… read more
Jamie-Law
Jamie-Law
5,367 satisfied customers
If a covenant restriction and / or lack of building consent
If a covenant restriction and / or lack of building consent was covered by an indemnity insurance 11-12 years ago at the time of purchase, should not a copy of the insurance have been passed to the ow… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,690 satisfied customers
I'd been arrested for having a knuckle duster in my bag and
I'd been arrested for having a knuckle duster in my bag and a very small hammer in the UK, I have had previous for weapons but none for 8 years. Could you tell me if Iam likely to go to prison. Many t… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers
Jo, How are you today? I was given a parking ticket there
Hi Jo,How are you today?I was given a parking ticket there were no roadmarkings but a single sign at the entry point and one 30m to the front of my parked car.I appealed the ticket based on the above … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers
I am completing an n161 in relation to an appeal for an
I am completing an n161 in relation to an appeal for an order made by a district judge at the family court regarding supervised contact being changed to indirect contact between mother and child I am aware I need to mention grounds of appeal on the n161 and that I should attach an explanation of these grounds on a separate sheet … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Ben, I am dealing with this on behalf of a family member as
Hi Ben, I am dealing with this on behalf of a family member as she is very fragile with everything going on... i have attended meetings with her and have her full permission to do all i can to help he… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
If someone has been charged with burglary when they were
if someone has been charged with burglary when they were 17/18 and now 25 they have been charged with conspiracy to burgle on more then one property does it count as 2nd strike as its 2 charges or 3rd… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers
I had a question about ivy that has gone over my fence and
I had a question about ivy that has gone over my fence and bridged a 4inch gap onto a neighbors garage. They are now claiming damage and trying to charge me. My question is if the structure is shown a… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,667 satisfied customers
When I file for small claims court in London and date set,
When I file for small claims court in London and date set, what if i can't be there as I am working overseas? Can I ask someone to act on my behalf?The reason for not filing at the moment as I have a … read more
Jamie-Law
Jamie-Law
5,367 satisfied customers
Ben, I live on an unadopted highway near a train station.
Hello Ben, I live on an unadopted highway near a train station. Residents are responsible for the maintenance and upkeep for the road (upto middle and width of property) However, it's a highway and th… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
My friends downsyndrome sister recives disability living
Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support as she herself … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,619 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x