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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70274
Experience:  Over 5 years in practice
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I agreed to an advertisement over the telephone to 'Aspire'

Customer Question

I agreed to an advertisement over the telephone to 'Aspire' magazine yesterday, I have not signed anything or had any terms and conditioned explained at the time. I thought the whole thing looked a bit dodgey so I e-mailed this morning saying I don't want to go ahead with the advert. They phoned me back and said I had agreed to the terms and conditions and had incurred a £85 cancellation fee. Does the Consumer Contract Regulations apply?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Did you agree cancellation rights?I suppose you are a business customer?
Customer: replied 1 year ago.
There was no mention of cancellation fee in the phone call and I am make and sell things as a hobby, there is no profit in it for me, I have public liability to sell at craft fairs but that is the extent of my 'business'
Expert:  Jo C. replied 1 year ago.
You are a business customer then I'm afraid and so not cover the Consumer Regulations. A business can be a consumer but not when it is advertising it's services.In any event, this might well have been exempted.That said, they cannot just randomly levy cancellation fees upon you. They have a claim for the sum of their loss which might arguable include lost profits if they are unable to sell to somebody else but they would have to prove they had looked and could not.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
So you think I should pay the cancellation fee? They did claim that I was getting it at a very low rate. I had not paid any deposit so even if they had started composing the ad they shouldn't go ahead without any money being paid.
Expert:  Jo C. replied 1 year ago.
No, they cannot just randomly levy cancellation fees upon you. They have a claim for the sum of their loss which might arguable include lost profits if they are unable to sell to somebody else but they would have to prove they had looked and could not.
Expert:  Jo C. replied 1 year ago.
they will not be criticised for beginning before the money was paid. That is how most contracts work.