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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I signed an agreement with a drop-in salesman to advertise

Resolved Question:

I signed an agreement with a drop-in salesman to advertise my business in a local restaurant menu for a period of 2 years, having been bamboozled by what a "great" offer it was. When I did my sums and read thru the small print on the front and back of the contract when I had time to over the following weekend I became very alarmed as I didn't like the terms at all. Clauses like automatic renewal of the contract and repeat extra ongoing costs were buried deep in here. So I called the company on the Monday to say that having reviewed the terms and conditions and found them to be extremely onerous and full of extra ongoing charges that were not explained by the salesman, that I'd like to cancel. They have refused, claiming that as the contract is business to business I have no rights. Could you advise on what my rights and options are please?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

There is no cooling off period or right to cancel in a commercial contact like this. However, you should argue that the salesman misrepresented the true position, didn't give you an opportunity to read the terms and conditions and on that basis you aren't going to proceed with the advertising. It's unlikely that they would want to incur the expense of taking you to court over this.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your answer JGM. I will pursue your recommended course of action but I have some additional questions regarding how best to terminate future payments and recover money already taken.


 


For the contracted headline advertising fee of £873.6 (but not including the extra charges revealed in the small print):


1. A deposit of £218.4 was required which I gave the saleman our company credit card which has been subsequently charged.


2. the balance for the 24 month period is due to be paid via direct debit on 6 monthly instalments commencing this month.


 


Would you advise me to request recovery via my card issuer, and to cancel the direct debit instruction submitted to my bank?


 


Is there anything else I should do to avoid any claims for future payments built into the small print of the contract such as the agreement automatically renewing, annual extra charges not included in the headline contract amount for "artwork" and proofing, and so on?


 


Thanks in advance.


Drew

Expert:  JGM replied 3 years ago.
I suspect that you may have to write off the deposit.

However you can cancel the direct debit and simply give notice of cancellation of the agreement based on the grounds that I have mentioned above.
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