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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking advice about what I can do, I

Resolved Question:

Hello,
I am looking for some advice about what I can do,
I have received a letter informing me I will be taken to court if immediate payment is not made.
This is quite a long story. but the basics is I signed up with a advertising company at my home address. The salesman at my property told me about the cost, and contract and how there was only one space left of advertising left so it was cheaper, At a later date I found out this not to be true, so I tried to cancel it and was rudely told I couldn't because I can not cancel a Business to Business contract.
They have been demanding remaining payment for about 2 years now.
When I have looked in to the contract for where this advertising should have taken place it never did and also the other Company's on the same advertising card I contacted them with them either never signing up or having the same problems as me.
So surely if they received the deposit when I signed up and the advertising never when ahead how can they charge me for the advertising?
I would really appreciate help in resolving this matter.
thank you
Dave
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
for now please let me know when you signed up, when you cancelled and how much they are trying to claim?
Customer: replied 2 years ago.

Hello Alex,

I signed up at home on 19/03/13 and paid £240 cash deposit, I tried to cancel by email about 2 weeks later and was told I couldn't, also phoned them and suggested if they just keep the deposit please could they cancel it, they informed me there is no way out of this and I would have to pay the full contract price.

Because I ceased trading and I cancel my company email address I have no prove of ever emailing them!

Still outstanding £1295.12

Expert:  Ash replied 2 years ago.
Are you a Limited company?
Customer: replied 2 years ago.

No I was a sole trader.

Expert:  Ash replied 2 years ago.
Did you sign anything with them? Do you have a copy? If so, what does it say about cancellation?
Customer: replied 2 years ago.

can I email you a copy?

Expert:  Ash replied 2 years ago.
You can attach it here.
Customer: replied 2 years ago.
Expert:  Ash replied 2 years ago.
What you have is breach of contract by misrepresentation. They represented that they had one space available which was cheaper, this was not true. You relied on that representation and were induced into the contract by the falsehood.
Therefore they are in breach of contract. You can refuse to pay as you have cancelled it. If it goes to Court it would only ever be a small claim and therefore representation not needed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Would I not need proof of trying to cancel the contract if it went to court?

Expert:  Ash replied 2 years ago.
I assume they accept you tried to cancel but they didnt accept it. If so, then no.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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