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Automatic renewal dispute with europe company

329 Views  ⚫  Asked 4 Years Ago
asked on Dec 14, 2013 at 00:25
by   Azry
Hi,

is there any law regarding automatic renewal agreement in Malaysia? My issue is i have a 24 month contract with this european company. At the last month of the contract i inform them that i don't want to renewal or continue the contract. Then i was inform that the contract cannot be terminated because in the agreement there is a clause informing that there is a 3 month notice term, and if the contract is auto renewal it will be the same month of the original contract which is 24 month. Yes because it is pass 24 month i also did not remembered about this and that clause is not bold.

So i dispute with them informing that because i have been a good customer paying all the fees for 24 month, they should at least send a reminder to my company asking either i want to renew the contract or not. I have been googling and found out that a lot of this type of agreement the provider that did not send notice is a unfair and deceptive business practices. I have asked them at least to be reasonable because i have use them for 24 months and their response is they can terminate the contract is i paid some fees. But the fees amount is RM 80,000 which my monthly fees is just RM 4,000. That is 20 month payment. So i assume now that they are forcing me to continue the contract. I'm still in process trying to settle this issue with the provider but they have not replying to my email.

To add problem to this issue, after 1 month passed, i got a call from singaporean collection agency sending me debt notice of RM80,000 plus the collection agency fees RM 15,000 + the 1st month of the renewed contract RM 4,000. So total amount of debt is RM99,000. I'm going to send a dispute letter to the agency because i never agreed to pay the termination fees or RM 80,000 and the provider never send me that termination fees invoice. The collection agency attach with the debt letter the copies of contract and the 1st month of renewed contract from the provider. There is no termination fees invoice attach in that letter.

So basically my argument here there is no evidence of i'm agreeing to paid the termination fees. The provider never send me the termination fees invoice. The collection agency did not show any proof that i owed the debtor that termination fees amount. If this a consumer case i think it can be handled better but because this is regarding business to business i did not know which law i have to refer. I need an advice regarding this issue if i have a good case to send the dispute letter to the collection agency. Or anyone had this problem before and know some lawyer that handle this business type of law which i can go and seek advice.

Thank you
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