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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Re uk Business to Business law Sirs I am a sole trader

Customer Question

Re uk Business to Business law

Sirs
I am a sole trader and was phoned by a company to advertise on a website for a year at a cost of £363.00 there was no mention of auto contracts to my surprise they wanted £12,000.00 which they then dropped to £6,000 but then offered me this deal on a website for £4,800 plus VAT. I felt bullied and told them i felt like they were scamming me but felt this was my best option so agreed as a verbal contract which they have a recording. I phoned straight back and told them I didn't want this and to cancel immediately. After that they took £4,200.00 out of my account in 6 payments and now another company who is going to do this website has sent me a bill for £4,8000 plus £960.00 vat and I emailed them to cancel this contract but they emailed me saying I cannot cancel as there is no cooling off period in a business to business contract and no refunds given. This was 2 days ago on the phone, invoice sent today plus eco sign which I did not sign.

What rights do I have and can I get out of this contract?

Regards Mark
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you signed any contract ever please? If so, what does it say about auto renewals please?

JACUSTOMER-23su7rns- :

How do I get out of a verbal (recorded) business to business contract which I was sales bullied into by ufindalocal.com to squash £12,000.00 supposedly but now I have received an invoice from a seperate company dev.box. No I have not signed the contract (ecosign) . It is all recorded verbal

Alex Watts :

But you never signed anything originally?

Alex Watts :

Did they supply all the terms and conditions over the phone or have these arrived separate?

JACUSTOMER-23su7rns- :

just a recorded verbal agreement and I would be sent the documents but i email dev.box on receiving the email and said I wouldn't sign and I wanted to cancel.

Alex Watts :

Yes. They can NOT bind you to terms and conditions which were not agreed at the time you made the contract over the phone.

Alex Watts :

They are trying to bully you.

Alex Watts :

This is clear by the fact they dropped from £12,000 to £6000 to £4800

Alex Watts :

You do not have to pay

Alex Watts :

A contract can be verbal but they have no evidence of agreeing to additional terms ie the documents etc.

Alex Watts :

As such you are not bound to pay any at all

Alex Watts :

They are sending you documents and I assume something to sign

Alex Watts :

Therefore your agreement was subject to contract and they can not make you bound because of this fact

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-23su7rns- :

How do I go about canceling with dev.box as they say i cant as its a business to business contract and they have the recording which is apparantly the agreement but I am refusing to ecosign welcome pack etc but there standing by the verbal recording and say there is no cooling off period, is this true and how could I word a response to them refusing my cancellation email pls advise

Alex Watts :

Write to them and say you want a copy of the recording and you believe that the contract is void because you have not signed any paperwork and they are trying to incorporate further documents into the contract

Alex Watts :

Generally there is NO cooling off period for a B2B contract

JACUSTOMER-23su7rns- :

I have a copy of the recording to me agreeing to the contract after bulling sales to squash the £12k but now believe this may not be true and is a new contract as stated in the recording . There are no recordings of the sales team or me cancelling over the phone after within minutes of this call. Just worried but feel they are wrong as Im trying to cancel it and wont ecosign it. How can I word it to them?

Alex Watts :

You need to write and say that there was never a contract. You agreed to this deal subject to contract, that is a formal written contract. That means that you can pull out until anything is in writing.

Alex Watts :

So in short until you have signed something you can't be bound - especially for £12,000!!!!!!!!!

Alex Watts :

Does this help?

Alex Watts :

Indeed you can say that they made a counter offer and the original offer of £12,000 is void. They counter offered to £6000 and then £4800 so there can be NO contract

JACUSTOMER-23su7rns- :

sorry i know this is confusing my original contract was with ufindalocal.com who then came up with the £12k and to squash it came down and then bullied me into this website with another company dev.box . After the verbal contract i phoned back and cancelled and thats when ufindalocal.com took 6 payments of £4,200.00 out of my account (2days ago) Today I received the invoice from Dev.box and sent them an email cancelling and refused to sign documents in which they responded how i couldnt and sent me the recording

Alex Watts :

Yes. If as they say it is true there was a verbal contract you would NOT need to sign these contract documents.

JACUSTOMER-23su7rns- :

they said on the phone it was like a sky contract?

Alex Watts :

This obviously shows that the telephone conversation was SUBJECT TO CONTRACT

Alex Watts :

That means either party can pull out at any time.

Alex Watts :

But Sky go through the entire terms and conditions - I assume they did not?

JACUSTOMER-23su7rns- :

no all paper work would be sent and like most you assume u can cancel

Alex Watts :

Yes.

Alex Watts :

This shows that the deal was subject to a signed contract - which means you can cancel.

Alex Watts :

In short refuse

Alex Watts :

If they take it to Court they would have to show their was a firm contract and they told you about all terms and conditions

Alex Watts :

DO NOT BE BULLIED BY THESE PEOPLE

Alex Watts :

Can I clarify anything for you?

JACUSTOMER-23su7rns- :

Thank you after researching these companys I have seen a lot of people have had the same problem

Alex Watts :

Yes.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-23su7rns- :

how do i stand with them taking money out of my account without my knowledge

Alex Watts :

Cancel ANY direct debits or PAYMENT cards

Alex Watts :

Then they can NOT

JACUSTOMER-23su7rns- :

Can I get my money back as they have not done the work?

Alex Watts :

Yes you can.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

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