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Cancelling contract

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amy00yma

Junior Member
What is the name of your state (only U.S. law)? CA

Our business signed a contract in Oct 2012 for services. We never received any news or correspondence from the vendor even after emailing them several times for updates. The contract said after a year it would auto-renew annually unless either party gave written notice to the other of non-renewal "at least seven calendar days prior to the end of the then effective 30-day period". We mailed a letter Dec 2013 stating we were cancelling our contract. In Jan 2014 (15months after signing), we received a random email saying "hey we're still working on your issue" to which I responded "we wrote a letter cancelling our contract with your company". They now state they conveniently "never received the letter" and the contract stands. I do not recall if our cancellation letter was sent via regular USPS mail or if sent certified mail. The contract does state that notices "shall be delivered by facsimile, mail or sent by certified mail or overnight courier".

Does our cancellation letter stand even though they claim they never received it? Do we have to prove it was sent? Can they just say "oops, we never got your mail".

Thank you in advance for any input you can give me.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? CA

Our business signed a contract in Oct 2012 for services. ... The contract said after a year it would auto-renew annually unless either party gave written notice to the other of non-renewal "at least seven calendar days prior to the end of the then effective 30-day period". We mailed a letter Dec 2013 stating we were cancelling our contract. ... I do not recall if our cancellation letter was sent via regular USPS mail or if sent certified mail. The contract does state that notices "shall be delivered by facsimile, mail or sent by certified mail or overnight courier".

Does our cancellation letter stand even though they claim they never received it? Do we have to prove it was sent? Can they just say "oops, we never got your mail". ...

Your letter of cancellation (regardless of how it was sent) was sent in December 2013, after the contract had already automatically renewed for another year.
 

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