• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I stop paying monthly charges for a "quote" ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Waterant

Junior Member
What is the name of your state (only U.S. law)? company who is charging me is in TX, I'm in Canada

Hi,

I signed a "quote" with a software company for an expensive software. Payment terms were set to 36 months in this quote with monthly payments. After using this software for 6 months I released it will not work for us too well (some technical limitations which we did not know about before getting it) and we switched to another provider.
I did ask them to stop charging my card without any response. The worse thing is the licenses I bought from them are just the numbers that do not cost them anything to issue or cancel.
Can I just stop paying monthly payments or that quote was a binding contract and this company can get us to court or some other ways to enforce the payment.

Thank you

Anton
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? company who is charging me is in TX, I'm in Canada

Hi,

I signed a "quote" with a software company for an expensive software. Payment terms were set to 36 months in this quote with monthly payments. After using this software for 6 months I released it will not work for us too well (some technical limitations which we did not know about before getting it) and we switched to another provider.
I did ask them to stop charging my card without any response. The worse thing is the licenses I bought from them are just the numbers that do not cost them anything to issue or cancel.
Can I just stop paying monthly payments or that quote was a binding contract and this company can get us to court or some other ways to enforce the payment.

Thank you

Anton
By paying for 6 months, your continued payments almost certainly ratified the contract. Unless the contract includes some kind of cancellation provision that allows you a trial period, you're very likely stuck.

I would get a copy of the contract that accompanied that quote and see exactly what options you have, if any.
 

Waterant

Junior Member
Thanks, Sandy.

there is no contract. I asked them to send me the paperwork and they resent just the quote I signed. There is no terms and conditions or anything else on it. Just the total amount, terms of pay and number of licenses included.
is it still considered as a contract?

Thank you

Anton
 

tranquility

Senior Member
Why would you think those were not the "terms" of the contract? You get the software for that amount paid over that time. Looks like a contract to me. If it is the only memorization of your agreement, you are lucky. You can resell the software--well, unless you clicked on a box or something when installing it. At common law the courts have come around to QTIPS. Quantity, time of performance, identity of parties, price and subject matter. Between the written and the verbal, I'd say you have it all.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top