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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70647
Experience:  Over 5 years in practice
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last week ( whilst under some personal stress ) i met with

Customer Question

last week ( whilst under some personal stress ) i met with a consultant regarding putting my business up for sale with them. foolishly i signed the "piece of paper " partly thinking this is just prelimanary stuff and i,ll read the "fine print " later. to my horror i find lot,s of details which i find unreasonable/unacceptable.i did speak to "the office " a few days later to explain my plight but the answer was basically tough shit you,ve signed now.i read something in the unfair contract terms write up that made me feel i have a case to dispute ?? PLUS in their " contract " they have a clause " there is no cooling off peroid " shouldn,t the consultant at least point this out so that i understand what i,m doing before i do it ??
STU.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I am sorry but they do not need to do that I'm afraid. Unfortunately its for you to read the contract rather than for them to draw it to your attention.

The Unfair Terms and Contracts Act makes some terms within contracts void if they are deemed contract to this legislation. It doesn't void the whole contract. The absence of a cooling off period though is common with contracts and would not offend against UCTA. Cooling off periods are rare.

If you don't want to go through with the contract though then they cannot make you do so but they would have a lost profits claim against you although no more than that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

i know i,m clutching at straws ! but this is one of my points....... he didn,t make it clear that this was a contract ?

Expert:  Jo C. replied 3 years ago.
I'm afraid if you have signed the document then the law will presume you were aware of and consented to all of its contents.

I am sorry.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

o.k. thanks anyway.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

i appreciate that my question was a tricky one. BUT i have since done investigations into the company concerned AND consulted a local solicitor and the result was that they probably do not comply with the unfair trading act nor the consumer protection act and therefore there contract is probably " illegal "


therefore in brief i,ve told them to stuff it.and take me to court if they wish ! !


this company caught me out AND because of the unscrupulous nature in which they conduct themselves they caught you out i.e. you needed more info on HOW they got me to sign and the erroneous conditions contained in there contract to come to a more accurate conclusion


Expert:  Jo C. replied 3 years ago.
Ok.

Good luck