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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3694
Experience:  Solicitors 2 years plus PQE
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I have been contacted by a company that says I have a verbal

Resolved Question:

I have been contacted by a company that says I have a verbal contract and are demanding payment of 299.00. The company Reflect Print are based in Manchester. They have a recording from my wife but that was a recording from a previous conversation. I have asked for confirmation of a contract that allows them to distribute the posters as that is the service that they are demanding payment. How can I challenge a verbal contract?
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.
Are they saying you personally have the contract or is it your wife?
What are they saying you contracted with them to do?
Kind regards
AJ
Customer: replied 2 years ago.

My wife (Fran Wakefield) has a contract. They say they will distribute a poster to health centers and schools in the area. When I asked for proof that they had a contract to distribute the posters they said they did not have to provide proof.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did your wife actually agree for this company to distribute posters on her behalf? Or did she just ask for a quote?
If they wanted to sue your wife for the money, they would have to provide proof a contract was agreed without a contract they would not have a succesful claim.
Kind regards
AJ
Customer: replied 2 years ago.

Sorry but I have already said that they have a verbal contract. The question I have is how do I challenge a verbal contract?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If your wife made a verbal contract that she acknowledges for services that she accepts you cannot challenge it, it is a valid contract.
If your argument is that no contract was made at all then that is a different scenario. Do they have a voice recording of your wife making the contract? or does the recording say something else?
Kind regards
AJ
Customer: replied 2 years ago.

Yes they have a recording but I am fairly sure that it has been edited. I am also sure that the services they say that they will provide are fictitious. Surely I can ask for proof that they have a contract for the services that they are charging for

.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
A contract does not need to be in writing, it can be verbal or otherwise. They would only need to prove your wife ordered the services or accepted the services for the price offered.
If she did not then there is no contract. In which case by pursuing you for the money they are committing a criminal offence under S.40 of the Administration of Justice 1970 - unlawful harassment.
If you refuse to pay them the onus will be on them to pursue you for the debt and prove the existence of the contract. Simply taking an edited recording to court will not necessarily be sufficient.
Kind regards
AJ
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