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me & phoenix - help


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Hi legal help ,


I also have a contract with Phoenix ,


I was cold called *and told *there was a market for my buisness and a price was quoted for my shop ,

no fees as they would be sole agents for 1 year ,


I was unaware of a cancelation fee untill my year was up and was told by the cold caller I could cancel with 1 month notice

I was not told there would be a cancellation fee £3,000.00 ,


my 1 year is up and apparently I still have to pay the £3,000.00 even though I have honoured the full year ,

also at the bottom of the contract it states agreed fees -- nil ? *


I also *had a freind *with me to witness the deal ,

I have only had 2 people view my premises in all this time ,

I have not approached them to cancel as I don't have the monies ,


I still want to sell the buisness but I don't feel they are fore filling *there end of the deal *

i.e. Bringing in clients to see me *,


Phoenix now inform me *there is no call at the moment for my *type of buisness and that I should just hang on in ,

if I sell their fee would be £6,000.00


I'm cool about that , but I was not told there *would be 20% vat on top! * ,

I need to look at my contract before I can discuss anymore about this ,

but I was cold called the chap who came round mentioned Nothing about any monies through out are breif meeting ,


I believe I was talked into it , I think if he had told me

*before signing there was a cancellation fee I would not of signed up ,

all the best * * Machine 67.

Please find below part of contract


12. Upon service of a valid notice of termination under clause 4 the vendor shall pay Phoenix the sum of £3,000.00 pounds

as a agreed charge for the services rendered by Phoenix prior to service .


4. This agreement shall last for an initial period of 52 weeks from the date of commencement as below

and is to remain in force until *30 days after the initial period has expired and

*notice of termination is received by either party in writing , by recorded delivery only*


Contract was drawn up on 14/02 /11 *

Edited by Machine67
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Hi to all , could a group of us get together and send 1 letter from all .


Hi Machine, Disgruntled and Ragingbull

- a group would be an excellent idea.


I suspect one or both of the two I am assisting with will end up in court

and if we can all work collectively,

provide statements for each other to demonstrate the way they do business

and success stories then that should be of great use.

Do let me know if a group is created as would be happy to assist.....

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Great im all for it ,

could somebody set it up ?


I'm not very good in this field ,


I would be more than happy to assist in anyway along with one of my staff who was with me at the time of signing the Contract .


Just to add when they ask for accounts surely they would of asked accounts prior to signing any contract

I bet many of us didn't produce accounts prior to signing or initial any figures on the contract


.they sign you up before looking at any accounts


the salesman comes up with the figure for turn over and profit to justify the asking price for your buisness .


We have really been fooled ,


a client of mine who is a magistrate has looked at my contract

even pointed out there is no start date on it !


Although it was signed it doesn't state from when it should take affect .

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