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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am being harassed by a company that fooled me into agreeing

Resolved Question:

I am being harassed by a company that fooled me into agreeing to purchase something over the phone. They are now telling me I have to pay them £1080 as I failed to contact them to cancel within 7 days of receiving their welcome pack. I have told them I do not want or need the services they offer. They started by giving the impression it was a government scheme to help small business and that it was a grant scheme but it turns out this is not the case.What can I do to get them to stop harrassing me and threatening to get bailifs to come and visit me?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Did you actually sign to agree to accept the purchase when you received the pack?
Customer: replied 2 years ago.

no

I thought the pack would be an information pack, they said that I needed to be eligible and that I was applying to join a programme. They said that if I was accepted by the programme then I would be sent a pack. I thought there would be another step, that is the only reason I agreed to be considered for the programme. I did not realise I was actually joining there and then. I would never join anything where I did not have the opportunity to look at the full information first yet this seems to be the process

Expert:  Jenny replied 2 years ago.
Ok you need to write to them to tell them that you have not entered into any contract with them and that they have no contractual grounds what so ever to suggest you owe them money.
You should say that if they insist on pursing this you will vigorously defend it on the basis that:
1. There is no contract between you and them giving an obligation on your part to make a payment.
2. In the event that there is deemed to be a verbal acceptance (which you dispute) this is based on a misprepresentation on their part so they cannot hold you to it.
You should say if they do instruct baliffs you will bring a claim against them in the civil courts for harassement.
Hopefully this will be enough to put them off taking further action. It is most likely a try on to see how many people will pay up.
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.
Customer: replied 2 years ago.

Thank you Jenny. I had guessed this would be the case and told them on the phone that I have no intention of paying, that I misunderstood what was happening and that I have no need of their services. The reply was to send me a recording of my telephone conversation where I was told I had 7 days to withdraw, they insist this is a contract as I agreed they could send me the welcome pack if I was approved for the programme. I feel I was pushed into it not realising what I was agreeing to. It is clearly a scam of sorts as they are very aggressively following it up.

Expert:  Jenny replied 2 years ago.
Yes it seems very aggressive and sadly many small businesses fall foul of this kind of thing. I would do as I have suggested and hopefully they will give up. They will go on the basis that a percentage will go on to pay up.
If they do lodge a claim then you will need to take a view.
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.
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