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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47613
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I run a small business and get inundated with sales calls.

Resolved Question:

I run a small business and get inundated with sales calls. Back in Dec the company who I recently moved our gas supply to gave me a quote for our telephone lines. I said it sounded a good price and they said that I would be contacted by someone else. Apparently someone else did call me but I cannot remember this. I know that they did not read me out the terms and conditions and I did not give my bank details out. I have heard nothing else from them until now. However, I have already agreed to stay with my current provider and I have entered into a verbal contract with them. Now the first company are saying that I agreed a contract with them. How do I stand and suggestions of how to deal with the situation would be much appreciated. Many thanks .
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they provided you with any evidence that you agreed anything with them?

Customer: No not as yet. I was unavailable when they rang back. They told one of my staff that I had agreed a contract. No doubt they will phone back this week.
Ben Jones :

What would you rather do - stay with the existing supplier?

Customer: Yes because I know that I have entered into another' contract with them. My renewal date is next week and this new supplier has only just contacted me. It's six months since they approached me. Also when I moved the gas supply over to them I had to ring them as they had not contacted me by the time my previous contract was about to run out. I thought that this was history repeating itself, so thought that they were just a badly managed company .
Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

The key here is whether something was actually agreed by you or if you never signed up for any sort of contract with them. This is really a factual matter and would depend on what was agreed between you and the company. If they are claiming that you had entered into a contract with them, it would be for them to prove that and they must show that you had either signed some sort of contract or that you had agreed to this over the phone and they would need something like a recording of the conversation to be able to prove that. In the absence of any direct evidence they could find it quite difficult to prove that you had entered into a contract with them and pursuing you for breach of contract would be quite hard.


 


At this stage all they can realistically do is continue to argue that you had entered into a contract with them and ask that you honour it or pay damages. They can threaten you as much as they want over this but unless they actually take you to court and are able to show a contract was formally entered into, then there is nothing they can do against you and all they can do is threaten you, which carries no legal weight.


 


They may never actually go that far and they could threaten you as much as they want but refuse to go as far as court – you could push them off as far as you can and hope that they eventually drop this. If they do take you to court then as mentioned it is for them to show that there was a contract in place which was breached and if that is the case and they win, then you know you were in the wrong to start with and you may be liable to pay them some damages, but that is still a long way off and certainly without any guarantee it would get that far.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thank you. No I never signed anything and I have done verbal contracts before numerous times and I really don't think that I did one with them. I will ask them to prove it as you suggest and see what response I get. Thenkyou.
Ben Jones :

you are welcome...and yes without proof they won't get very far so it is important you ask them for it so you know where you stand, in case they have something that shows you actually had a contract with them

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