Hi, Thank you for your question and welcome. What does the document say? Does it say you have an obligation to pay £2000 on signing or does it say subject to you paying £2000 they will become your agent?
Also does the agreement have a set term for which they will be your agent and have they actually incurred any expense?
Hi, Thank you. Is the agreement in your personal name? Kind regards AJ
Hi, Thank you. The problem is you have signed the document and there is an obligation on you to pay. You have also acknowledged that the cooling off period does not apply. However....
They have not actually done any work yet and may struggle to justify the fee. I would suggest the following:
Write to them and given them immediate notice that you wish to cancel the service and you request that they undertake no work on behalf of you and your brother.
Say that you trust this brings the matter to an end.
If they then write back demanding the money, it is entirely their prerogative whether they sue you for it. I would therefore suggest at that point you offer them a nominal sum of say £500 but without admission of any liability.
If they still wont drop the issue then you will have to be prepared to consider if you want to fight the proceedings.
As an alternative tactic - once you have sent them a written cancellation of the service, if they still demand the money from you, you could write them as follows (however this is a very aggressive option);
1. Say that you dent any liability;
2. Say that you and your brother clearly entered into the agreement as consumers without and legal advice and any attempt to remove the cooling off period is an unfair sales practice;
3. Say that if they do not stop pursuing you for the money you reserve the right to contact the Office of Fair Trading and potentially deem the matter harassment under S.40 of the Administration of Justice Act 1970, which is a criminal offence;
4. Say that you trust this brings the matter to a close.
Again if they bring proceedings that is their prerogative and you would have to defend or settle any court claim.
I would not does the contract actually contain any termination provisions?
My apologies for the typos this is all done in real time.