Payment of a monthly contract

[coffeechocolatecoffee]

I'm going to try be as concise as possible without outing myself.

So I pay for a monthly membership. T&C state must give one calendar month's notice before cancellation (like most monthly contracts).

Payment has historically been taken on 10th of the month but I took 1 weeks break (agreed by manager and in line with T&C) in Dec so payment date has been moved to 17th of the month. Next payment due 17th Jan but I wanted to cancel so informed on 12th Dec to please cancel contract.

They are insisting that one more payment needs to be taken before I can cancel. I am saying it doesn't because I have given one month's notice as per T&C.

I am happy to be told IABU and should have to pay for one more month but I just want to know how everyone else would interpret this.

I would say that contract should end on 12th Jan. Is payment made in advance or arrears?

The payment date may not correspond with the date of the start of the month's service, so I would check what your contract and any emails say.

Could you ask the person who the contract is with??

Payment is in advance and does correspond with date of start of month's service. Contract specifies one calendar month's notice for cancellation, nothing about one further payment, however, I appreciate suspension coinciding with cancellation month isn't a common occurrence.

Contract is with a small business so I don't want to do wrong by them but equally don't feel I should be made to pay if I am compliant with T&C.

Ask them why another payment needs to be taken since you’ve given a calendar months notice?

It sounds odd but how are we to know what the T&Cs are?

Doesn't 1 calendar month mean e.g. cancel by end Dec, membership finishes end Jan? Otherwise wouldn't it say 30/31 days notice?

They are telling me the industry standard for monthly contracts is to take one more payment however T&C state exactly what I stated before - one calendar month's notice for cancellation. Nothing more and no reference to taking more payments.

They are a small company so just a short list of T&C (nothing like phone/Sky etc contracts)

It sounds odd but how are we to know what the T&Cs are?
Exactly. You need to read the contract terms. We can't guess them here.

Crossed with you op. You might need to post the exact wording.

@TeenTimesTwo I didn't think of it that way. That would mean pro-rata for Jan rather than paying for service until middle of Feb, I would be happy with that.

@GladAllOver exact wording is can cancel contract at any time with one calendar month's notice. Nothing more than that mentioned with respect to cancellation

A calendar month means that your notice coincides with the calendar. So you gave your notice for the start of January, and thus have to pay until February.

If your notice was as you want it to be, it would say 30 days notice.

Ok, I interpreted a calendar month to be from a certain date in one month to the same date the following month however I am more than happy to take Jan to be my final month and will propose this to them.

Contract is with a small business so I don't want to do wrong by them but equally don't feel I should be made to pay if I am compliant with T&C
Just ask them about the notice period then.

I have asked @PersianCatLady but as I stated in my OP, we aren't coming to an agreement of the T&C. I feel they are expecting me to pay for a further month when I have cancelled in time and in line with their T&C (which state nothing more than what I have already quoted).

However I am happy to be corrected if there is an norm with these contracts that I was not previously aware of.

However I am happy to be corrected if there is an norm with these contracts that I was not previously aware of
Every contract is different so any advice you get here is just an opinion.

Are you payments in advance or arrears?

For example, does the payment in December pay for 12 November - 12 December or is it for 12 December - 12 January?

Does notice need to be given in a particular way, for example in writing?

Is there a minimum contract term, for example 12 months?

If yes, have you met the minimum contract term?

Payments are in advance as I've already stated.

I am fully aware all contracts are different. My argument is that the contract does not state that I need to give a further payment on cancellation so I should be able to stop as I have given the required notice as per the contract. Their argument is that it is the industry norm with monthly contracts to require one further payment after giving notice. This is not anywhere in the contract though.

I don't want to keep arguing if there is an industry norm that I was not aware of hence my reason for posting.

Notice has been given in writing and I have met the minimum contract term. The only area of dispute is this 'industry norm' to require a further payment that they are quoting.

However the contract simply states one calendar month's notice.

I stand corrected as many of you have had the same interpretation of a calendar month.

I will contact them and offer to pay until the end of January (but not mid-Feb as they are demanding). I feel that is also a good compromise between the two options we are arguing between

That is really harsh lost. Did she come to an agreement in the end? It's a bit of a minefield because I definitely would have considered the morning of the very first day to be that terms notice, can't believe they didn't expertise discretion there.

They are a small business and don't have a comprehensive contract like a gym or telecoms company would. From the legal perspective, I'm certain they can't impose that it's the 'industry norm' to have to pay a full further month when they haven't specified it in the contract and I have clearly given the required notice but I don't want to act unfairly which is why I asked for opinions on here.

But if your payment was due on the 17th and you cancelled on the 12th then they have taken one last payment, on Dec 17th, that covers the last month of notice. End of story. I think they don't know what they are talking about. Oh, and you can check the legal definition of a calendar month in any legal dictionary, it means from, eg Dec 12th till Jan 11th, not the month of January.

Thanks for the further details. I don't see that 'industry norm' means anything. You didn't sign up to an industry norm, you signed up to a contract. And as pp have said that would be the same date (-1) in the following month.