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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi just been duped by Motor Trades. They have took £4320 with

Resolved Question:

Hi just been duped by Motor Trades. They have took £4320 with out my bank account with pressuring me into something I didn't want. They say because they have a recording of it it's tough luck and there's nothing I can do. HELP
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

In what way were you duped please?
Customer: replied 4 years ago.

They rang on 26 th Nov to say from a previous agreement that we have with them, because we didn't opt out we owed them £17k+vat


After an hour of heated talk they pressued us into taking out a web page design for £3600+vat.If we didn't it would revert back to £17k+vat

Expert:  Jo C. replied 4 years ago.
Do you dispute not opting out?
Customer: replied 4 years ago.

Yes because we didn't realise we had to

Expert:  Jo C. replied 4 years ago.
What type of service is this?

Customer: replied 4 years ago.

To build a Web site

Expert:  Jo C. replied 4 years ago.
Sorry, I don't understand?

Did they build a web site for you?

Did they host it?

Have you been paying for it?
Customer: replied 4 years ago.

No They are going to.

Expert:  Jo C. replied 4 years ago.
To do what?
Customer: replied 4 years ago.

Build a Web site


 

Expert:  Jo C. replied 4 years ago.
Sorry, I meant the original claimed sum?
Customer: replied 4 years ago.

you've lost me

Expert:  Ash replied 4 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see you have opted out the previous expert. I am new one and I will be pleased to assist you.

To confirm did you sign anything agreeing to this £4320 please?

Customer: replied 4 years ago.

no

Expert:  Ash replied 4 years ago.
What you need to do is write and ask for the payment back within 14 days or say that you will issue proceedings. Make sure you send this recorded delivery and keep a copy. Ask for a copy of this recording where you agree - if they have it, they will not mind disclosing it.

If they refuse then you can issue proceedings for return of the debt. This can either be done online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will issue the claim and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If they do defend it the matter will be set down for a hearing.

Given the value it would be a small claim and therefore you do not need legal representation.

Can I clarify anything for you about this today please?

Customer: replied 4 years ago.

motor trades say that because of the recording and a business to business agreement as soon as we agreed to it all be it under immence pressure it is legally binding contract,with no cooling off period

Expert:  Ash replied 4 years ago.
I agree, because it is a business agreement there would be no cooling off period, but if there is the recording then you may have difficulty defending it.

Duress can only be claimed where there is risk of death or serious injury. But if they have no recording then it would be hard for them to prove your agreement.

Alex

Customer: replied 4 years ago.

I have listened to the tape, but we were under pressure

Expert:  Ash replied 4 years ago.
Sadly in that case that is no defence. If you were a consumer then you would have cooling off rights and even rights in relation to cancellation.

But as a business you are deemed to know what you are agreeing to. Pressure or duress as I mentioned above only applies where there is a risk of death or serious harm.

What you could do is agree to pay their profit cost only as that would be their loss. If they tried to take you to Court then you could argue they would not have the overhead cost or production cost and therefore you would be liable only for loss of profit.

I am sorry that this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.

Does this help?



Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you