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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A sales rep came to sell a printer on contract, agreed to go

Resolved Question:

A sales rep came to sell a printer on contract, agreed to go ahead and signed a document not realising it is the actural contract. We were not left with a copy of the document, none received by post. We sent an email to the company asking for copy of contract, non was forthcoming. The very next day the printer was delivered by two representatives of the company. However, we refused to sign for the printer until we have sight of the contract. A copy was forwarded by email whilst the two rep waited. On going through the contract, we found the terms were not as agreed during the meeting. Furthermore, the contract stated a delivery and installation charge which was never discussed. We refused to take delivery of the printer. Consequently the company sent us a bill for cancellation charge ( also not disccused), this is stated on the terms and condition, unfortunately we failed to notice that, nor the delviery and installation charge.
Our question, can they claim for cancellation charge eventhough:
1) we were not given a copy of the contract, thus not given a chance to check the contents
2) the contract does not reflect what was discussed (they did agree to waive the delivery and
installation charge on the day of delivery and agree on the break clause as discussed but
we decided not to take delivery of the printer as they have lost our trust.)
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was this printer for business purposes?
Was the contract signed in your home?
Kind regards
AJ
Customer: replied 2 years ago.

Yes, it was for business purpose, in the company name and signed in company premises

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Unfortunately as you signed the document as a business customer then you do have less protection than a normal consumer.
You have cancelled this contract on the basis that there was a misrepresentation.
Can you tell me a bit about how you were mis sold - what facts were misleading?
Also how much is the charge?
Kind regards
AJ
Customer: replied 2 years ago.

1

We agreed on a monthly charge of £35.00 per month - on the contract it showed the per copy cost of 11.2p for black and 15.06p for colour with minimum prints of 400 each per quarter.

2

Did not make us aware of the delivery and installation charge

3

Did not make us aware whate we were signing was the actual contract subject to a cancellation fee of £450.00 plus VAT

4

Did not send us a copy of the contract for verification

5

We agreed the contract would be for 5 years, the price will be reviewed after two years with the option to return the equipment. This is not mentioned in the contract

For our information, the particulars of claim states they have sourced, stored, prepared and delivered the equipment to us instead of stating it as cancellation fee. We did not take delivery of the equipment.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
So just to confirm the main issue (misrepresentation) was you believed you would pay a flat monthly fee of £35 per month, however they actually ended saying that the printers were being sold on a per page basis?
Kind regards
AJ
Customer: replied 2 years ago.

Yes and the other important issue is the break clause. It is not shown on the contract so we would not have the option of reviewing the costs and returning the equipment after two years.

Customer: replied 2 years ago.

Hi, can you please advise when we are likely to receive a response. Thanks

Customer: replied 2 years ago.

Can you please advise when we will get a response. Thanks.

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes we will wait although not for too long.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you not read the contract before you signed it please?
Customer: replied 2 years ago.

First of all, we were not told we were signing the contract. After agreeing on the cost, the sales rep gave me the document to fill in the company's name and address and our signature. So, no we did not read the document as we always assumed businesses are done in trust. Furthermore, if there is a delivery and installation cost, why did he not advise us of that during the discussion on the costs. Same with the cancellation charge.

What about the issue of the agreed monthly cost and the terms. We agreed on a cost of £35 per month and the two year break clause with option to return the equipment. None of these were mentioned on the document which is now deemed the contract.

Also, are they not obliged to provide us with a copy of the contract prior to delivery and installation.

I am not sure if you read my earlier replies to the previous Expert but on the county court form, the particulars of claim states they have sourced, stored, prepared and delivered the equipment to us instead of stating it as cancellation fee. We did not take delivery of the equipment.

If you wish we can forward a copy of the document we signed with the Claim Form.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi, obviously you did not read the previous correspondence with the other solicitor.

We did not pay them the cancellation charge so we are not claiming from them.

They are claiming from us. They have issued us with a county court claim.

The reason for us approaching Justanswer is to find out the standpoint of solicitors so we could decide whether to appoint one or not.

Please read through the correspondence and let us know if you can advise us if we have any chance of winning.

Expert:  Ash replied 2 years ago.
Apologies I had misread and had thought you had paid.
You do have a claim against them in terms of a defence.
They are in breach of contract by false misrepresentation. Also they have failed to act with all reasonable skill and care pursuant to Section 13 of the Sale and Supply of Goods and Services Act 1982.
So yes you do have a valid defence.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks,

The other solicitor said "Unfortunately as you signed the document as a business customer then you do have less protection than a normal consumer". I am aware consumers have a 14 day cooling period to cancel a purchase, does this apply to businesses?

Expert:  Ash replied 2 years ago.
That is correct.
But if you have been misled that is breach of contract by misrepresentation.
Alex
Customer: replied 2 years ago.

My question was whether the 14 day cooling period applys to business purchase/contract, if so whether it is of relevance to my defence

Expert:  Ash replied 2 years ago.
No it does not apply.
Does that clarify?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.

Can you advise on what we should base our defence.

Also, the statement of claim states that they delivered the equipment eventhough we did not accept the equipment and they took it back. The invoice they based their claim on was the cancellation fee. In our defence, should we point out their statement is false or is that irrelevant.

Expert:  Ash replied 2 years ago.
Breach of contract by misrepresentation as the terms were not as agreed.
You need to say whether a term was agreed or not agreed.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks, ***** ***** should list out what was agreed during the meeting which is not stated in the contract?

Also, please answer my second question, ie about their statement of claim. thanks

Expert:  Ash replied 2 years ago.
Yes I would set out what was agreed and the meeting and what is not included in the contract.
They did not deliver the equipment you can put that as a defence. You refused to sign for it, so it was refused.
If I could invite you to rate my answer so that I am credited for my time I would be grateful.
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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