getting out of contract

m.j.w

Hello,
I'm working in a newsagents in which we have a coffee machine. We rent it out off another company and buy our coffee off them. We received a letter saying that we owed them over 1000 euro and they would be pursuing legal action if we did not pay it. According to our records we do not owe this sum. We then checked our bank account and the money has been taken out by way of direct debit. We rang the bank straight away to cancel this but it has now went through and we are looking into getting it back. We are in a contract with this company for two years however after this treatment we wish to leave the contract and look elsewhere. Are these sufficient grounds to cancel our contract?

Obviously they are.

They broke the contract. If you didn't owe them, what are they doing ?

What did the bank do about this ?

m.j.w

they are claiming it is owed from a while back. We do owe the months rent on the machine however not that amount.
The bank said they would cancel it from going through but it was obviously too late. It will probably be a struggle getting it back but when it's sorted our main priority is to just get out of it

You won't get that back any time soon. This could get very nasty.

So once it goes out, the bank can't do anything about it ? Were you given notice they would do it ? Is there a contract laid out saying on a certain date they can take the money out ?

I'd personally do my best to get that money back and then make their lives hell by being awkward as possible for playing that sort of crap.

m.j.w

The only notice they gave us was the solicitors letter but nothing before that, the contract states that they send us a statment with the date that they will take the money out of our account but they did not send us that

GerardKeating

m.j.w wrote: »

We are in a contract with this company for two years however after this treatment we wish to leave the contract and look elsewhere. Are these sufficient grounds to cancel our contract?

m.j.w wrote: »

The only notice they gave us was the solicitors letter but nothing before that, the contract states that they send us a statment with the date that they will take the money out of our account but they did not send us that

Do you mean they have not sent a statement in the last two years ???

patftrears

m.j.w wrote: »

The only notice they gave us was the solicitors letter but nothing before that, the contract states that they send us a statment with the date that they will take the money out of our account but they did not send us that

get on to your bank and tell them the money was taken out by direct debit and it was not owed by you, did not meet the terms of the DD agreement.
The bank are legally obliged to repay you the money under the terms of the direct debit process.
Don't take any crap off them, I know it's not your banks fault, but they have to refund you.
http://www.ipso.ie/index.php?Itemid=172&id=35&option=com_content&task=view

Bandara

I don't normally post bad language here, but you need to tell your coffee suppliers to F**k Off and get their machine out of your premises by close of business tomorrow or else you will be placing it outside the premises on the street at closing time and what happens to it afterwards is their problem not yours.

And tell them if they don't like it you'll happily see them and their poxy contract in a courtroom.

And as previous posters said you then ring and tell your bank you want the money back.

People like this company are not worth wasting a millisecond of your valuable time on.

Name and shame them also - (if it's allowed)

I would. That's a disgrace. Another company clearly in the sh*t trying to improve their cashflow using unethical ways.

Bandara

_ZeeK_ wrote: »

take it to the small claims court.

The small claims court is irrelevant for B2B matters.

finisklin

I want to echo Hammertimes approach....put it up to them and tell them to get stuffed! They are trying it on, so front up to them and request that they remove their machine from your premsies asap or else you'll dump it!

I hope this works out ok for you :mad:

m.j.w

thanks everyone!!i'll let you know how we get on