My car was written off in December 2011 and tracker was informed of the accident wherein requested to cancel the contract. The request has been made on the premise that there is no performance being rendered by tracker to me because the vehicle in question where the tracker was installed was written off and not in my ownership.
Tracker then informs that I must give them date to come install the unit on my new car because I had contract with them still. I did enter into contract with them, however, they were to render service (performance) on the written off vehicle and as a result of vehicle being written off they could no longer meet performance in accorance with principles of contract. Now they have been debiting my account whilst not rendering any service to me.
The contract I believe became void the moment there was no service to me unless they mean to tell me I must pay for tracking a car that was written off, a car which was the reason I entered into contract with them in the first place. Now I must incur fees towards attorneys for assistance whilst tracker knows there is no service rendered to me. The contract was for a service and not purchasing a unit.
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