Yes, it was for business purpose, in the company name and signed in company premises
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.
Did not make us aware of the delivery and installation charge
Did not make us aware whate we were signing was the actual contract subject to a cancellation fee of £450.00 plus VAT
Did not send us a copy of the contract for verification
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.
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.
Hi, can you please advise when we are likely to receive a response. Thanks
Can you please advise when we will get a response. Thanks.
Yes we will wait although not for too long.
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.
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.
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?
My question was whether the 14 day cooling period applys to business purchase/contract, if so whether it is of relevance to my defence
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.
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