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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I wanted to sell my business a whole ago and got an

Customer Question

I wanted to sell my business a whole ago and got an advertising company to help me sell. However due to personal issues suffering from depression I wasn't thinking straight I Signed the paperwork but didn't make the £600 payment for advertising. I therefore emailed and informed them to put the advertising on hold as I was out of the county, once returning I spoke to them saying I made a mistake and I didn't want to sell my business. They said they'd be intouch. They are now saying I owe them £1000+ to cancel my aggreement of advertising however no advertising was made due to me not Making a payment. How do I stand with this?
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

hello. Did you agree cooling off rights?

Customer: replied 5 months ago.
I wasn't aware of anything to be honest he didn't explain anything to me properly
Expert:  Jo C. replied 5 months ago.

Does that mean you didn't discuss them?

Customer: replied 5 months ago.
No
Customer: replied 5 months ago.
He just said you should of read the contract
Expert:  Jo C. replied 5 months ago.

Does the paper contract give you rights of cancellation?

Customer: replied 5 months ago.
I haven't got any paperwork as I didn't make the payment there and then so they said once I made the payment I would recieved the contract, but the payment was never made
Expert:  Jo C. replied 5 months ago.

Ok. Is there any online contract?

Customer: replied 5 months ago.
No he came to the business premises took pictures of the business to put on selling site then got me to sign but I wasn't in any frame of mind and he asked me to make a telephone payment and I said unfortunately there's insufficient funds in my account so I was unable to make a payment that day. Then I emailed them saying put the account on hold as I wasn't in the country so when I got back I informed them straight away about not wanting to sell
Expert:  Jo C. replied 5 months ago.

And you never made payment>?

Customer: replied 5 months ago.
No because I couldn't make it that day then I went away that Sunday and said I'll sort when I return but I decided against selling
Expert:  Jo C. replied 5 months ago.

In that case, I'm not sure that you are liable. You do not seem even to have verbally agreed to this contract unequivocally and you certainly have not signed anything or acted in a way that implies that you did agree. I'm not sure why they think you are liable.

Expert:  Jo C. replied 5 months ago.

Of course, they may not accept that you did not agree verbally and then it would come down to a dispute over fact that you may lose but the chances that they would sue are very low.

Expert:  Jo C. replied 5 months ago.

The only issue is that you seem to be saying above that you did sign paperwork and elsewhere that you did not.

If you sign a contract then you are bound by it. Whether you read it or not is a nonissue.

Expert:  Jo C. replied 5 months ago.

If you did not agree cancellation rights then none will exist automatically.

However if you try to cancel unlawfully then you will still only be liable for the loss that you have caused which will be nothing like the amount due under the contract.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
I did sign the contract, no cooling rights were discussed. So I was unaware of them. However he said the cooling rights were in the contract and I should of read them
Expert:  Jo C. replied 5 months ago.

Well, that is right basically. If you sign a contract then you are bound by it. Whether you read it or not is a nonissue.

Customer: replied 5 months ago.
But will the contract not be void due to no payment being made??
The contract was for advertising, no payment got made no advertising was produced due to no payment being made. They couldn't proceed with the advertising with no payment
Expert:  Jo C. replied 5 months ago.

No, not payment does not void the contract.

Payment would be evidence of a contract but that doesn't apply here.

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