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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We entered an agreement to buy office movers data from

Resolved Question:

Hello
We entered an agreement to buy office movers data from Thompson Local, monthly for a year, to a criteria that best fitted our target market. Payment was to be by direct debit. i was made to sign a contract with a 7 day cool off period. The first batch of data arrived outside the 7 day period, i.e. later. i wrote in that same day the first batch arrived to express i wasn't satisfied that the quality matched our required, which was discussed verbally with one of their sales agents. When they couldn't match the quality for the monthly cost, i cancelled the direct debit. They have now put the debt in the hands of collectors. i feel the actions of Thompson are unethical, in that they apply the contract even though i hadn't had sight of the goods/service. Surely as a consumer there is some protection for me? What reasonable recourse do i have?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. When you say acting as a consumer can I clarify what you mean by this, was this a personal contract or a business one?

Customer:

business.

taratill :

Ok that is significant because this is treated as a business contract rather than a consumer one at law. In terms of what you were sold and what you received can you say that the product was different or was in some way misrepresented to you

Customer:

yes. it did not match the criteria discussed.

Customer:

I offered, after receiving the first batch of data, to pay for that batch just to exit the contract.

taratill :

did they offer to change the wording etc to meet your requirements?

Customer:

they offered alternative packages none of which were any better suited.

taratill :

Ok well your only argument to cancel the contract early would be on the basis that the contract was somehow misrepresented to you or that they are otherwise in breach of contract by failing to provide the service to you in accordance with the contract.

taratill :

Ultimately they can take you to small claims court in breach of the contract if you do not pay the debt collectors. You will have to demonstrate that you were entitled to breach the contract for one of the reasons set out above.

taratill :

As you entered into this contract as a business rather than a consumer you have reduced rights in terms of cancellation periods as business purchasers are expected to be more commercially minded when entering into agreements and are deemed to be of equal contracting power.

taratill :

I am sorry that this is not the answer that you wanted . You need to read the contract carefully to assess whether you can argue they are in breach.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer thank you and all the best.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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