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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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my story is a guy(XXX) from myXXXXXX.XX.XX came to my

Customer Question

my story is a guy(XXX) from myXXXXXXXXXXX.XX.XX came to my takeaway shop on 13 Dec to advised me to take up ads in the hotel advertising space to have more business for the shop, i kind of go for it and sign the 6 month advertising contract and paid half of the installment £312, but immediate the following morning at about 9 something call XXX to cancel my advertising contract but he said i need to speak to his boss XXXXXXX to cancel. So i call but was told he is busy but will reply my call, then i waited till 17th Dec XXXXXXX  finally call me, we spoke on the phone, told him about the cancellation, finally conversation ended after 1/2 hr as he has no choice to agreed to cancel. But unfortunate i didn't stopped my cheque presume he will not bank in the cheque but tear the cheque, the problem is now they bank in my cheque and the money has gone through to their account on 28th Dec, i called XXXXXXX  to explain the situation but get a very bad reply, he said XXXXXXX  was on holiday will b back on the 14 days and the office account dept will only start work on 7th Jan, he said i should at the beginning to write them a cancellation letter within 7 days, but this wasn't explain to me and i have no formal invoice or name card or even the sign contract, i got his number by asking him writing down on my own name card on the day he came, untill today i still haven received any form of written letter or copy of the contract. This make me very angry and suspicious this was infact a scam, so i would like to know how i can get back my money, i presume verbal contract can form a contract too?

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Hi

Did he actually agree to cancel?
Customer: replied 3 years ago.

yes, through the telephone conversation with Jonathan, i m very insist to cancel it , he at 1st try to give me lots of idea or delay the ads but i gave him very solid and firm reason as we are lacking of staff and we cannot cope with the busy if we have business, training a staff wasn't a 1 day or 2 day job, i said the best is cancel.

Expert:  Jo C. replied 3 years ago.
Yes, but did he agree?
Customer: replied 3 years ago.

i remember on that day i have 1/2 hr conversation with jonathan and i m kind of rush, finally said to him ' pls cancel it and don't bank the cheque,' he did said ok but didnt said ok i wil cancel it

Expert:  Jo C. replied 3 years ago.

You don't necessarily have rights of cancellation in this type of circumstance. Even if this was a distance sale, advertising contracts are often exempt. Even if they were not then where a service begins before a period of cancellation the rights fall away. In any event, the cancellation should have been in writing although they should have given you written notice of your cancellation rights too.

However, if he agreed to accept your cancellation then he should not have banked the cheque. He may have done it already I suppose but they should refund.

If it comes to it then you can always sue them at the small claims court. I can give you the address at which you can issue if you'd like.

Its worth sending them a letter before action though before you issue. They are often effective and a lot cheaper than suing.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.

i would like to write to them too but as i said i don't even have their name card or any form of letter or even address to send the letter and Tom said i should send them a written cancellation letter within 7 days of signing the contract. would now sending them a cancellation letter still effective?


 


Even they give me the web site has no contact address or info of the office.


 


i would like to have the small claims court address too just in-case

Expert:  Jo C. replied 3 years ago.

Didn't you have an email address or a mobile number for texting etc?

Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

i would like to know is that still effective if i remind Jonathan about the cancellation and also about asked him not to bank in my cheque, or just text to him the refund?

Expert:  Jo C. replied 3 years ago.
There isnt much point in doing that now.

You can text him a letter before action effective to the effect that you want a full refund within 14 days and in default you will sue.

If he does not then you can issue here

www.moneyclaim.gov.uk

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