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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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If a company sells a product, knowingly, to a person on a limited

Customer Question

If a company sells a product, knowingly, to a person on a limited fixed income [an elderly pensioner] and when that person can no longer afford the product and advises the supplier, verbaly, to stop supplying the service but the supplier still continues to deliver the service for six months, can the supplier then obtain a County Court Judgment for the cost of the service after the person said he did not want it?

M Walker, Secretary, Egham United Charity, Runnemede, Surrey
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.

Did this person agree cancellation rights?
Customer: replied 3 years ago.

Hi, Your question "did this person agree cancellation rights/"


 


A.] I don't know, ther person in question is of limited intelligence, not suffering from dementia, but poorly educated and only semi literate.


 


Max Walker

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

That is going to be central here.

In principle, if your question is whether they can do this then the answer is that they can. If you are locked into a contract then its no defence to say that you shouldn't be bound because you were not of the sharpest intellect.

It depends what the contract says on the point or what was agreed verbally. Some contracts - e.g mobile phones, TV, gyms, insuranaces, do tie people in for a particular period. If so, then tell them that their services were no longer required does not cancel the contract.

It could be argued though that they only have a claim for lost profits rather than the full sum due under the contract depending on their actual losses.

However, they will have a claim for something and it could be enforced by means of a CCJ at the small claims court.

Equally they may just add a default to the defendant's credit rating.

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
Jo C., Barrister
Category: Law
Satisfied Customers: 70004
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi, Thank you for that, is clarifys the situation for us. As a charity we had been asked to pay the arrears to avoid the pensioner having an order made against him. One of our Trustees felt that the company should not have done business with him as talking to him it would have been obvious that on a small fixed pension he could not afford the service and should not have sold it and felt the company could have mis-sold the product.


 


Max Walker


 


 


 

Expert:  Jo C. replied 3 years ago.
Yes, this argument has been gathering force for many years and it is entirely without merit I'm afraid.

It is not for a company to police whether or not a person can afford a contract.

Thank you for the positive rating and remember that I am always available to help with your questions. 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/

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