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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently went and had a so called modelling audition. At

Customer Question

I recently went and had a so called modelling audition.
At the end of it I was told I had passed with flying colours.
He gave me a a lot of chat about how great I would be and how much work I was likely to get.
He then shed me the pictures which I didn't like and I told him so.
He reassured me that it was because of the different make up ect that I didn't recognise myself and persuaded me to put a deposit down and set up a direct debit.
Once I left I did not have a good feeling about it and about a week later I asked if I could se the pictures again as this is what I would be selling myself with and needed to be sure I liked them.
He said that would be ok but this could I send him my last didgits of my security code on the back of my bank card. I refused to do so and now he says I can't see the pictures unless I pay in full.
I now wish to cancel my direct debit with them as I think it's a scam.
Am I within my rights to do so?
Kind regards *****
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

How long ago was the audition?

Customer: replied 8 months ago.
3 weeks ago
Customer: replied 8 months ago.
I've asked for a copy of the paper works as he'd isn't give me any and he has refused
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 8 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

I certainly agree with you that this does not sound too good and that their actions are rather suspicious. I would say that in the circumstances you have the right to cancel the direct debit because you have not received the service for which you had signed up and you have also now lost faith in them.

You can cancel a direct debit at any time – you have the legal right to do so. It just means that if they were unhappy about it because they did not get the payments you had promised them they can try and pursue you for breach of contract. Whether they do that is questionable – they will have to pay court fees and perhaps legal fees to do so and I do not see them going that far in this case, especially as they may have a weak case. It is always a potential risk but I think the risk is quite low here.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they decide and take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 8 months ago.
Thank you for the advice. I will email them to say I no longer want the photos and wish to cancel the direct debit. Should I also send them a written letter?
Expert:  Ben Jones replied 8 months ago.

It is not a legal requirement to send a physical letter of you can contact them via email. You may do so as a back up but you are not legally obliged to do that as well.

Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46210
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
I have found the paper work and have seen that it states that there is a strict non cancellation policy.
And no 14 day cooling off period.
This was not pointed out to me as it was very rushed at the end of the meeting.
Can I still cancel?
Customer: replied 8 months ago.
Feeling a bit worried about this now.
Expert:  Ben Jones replied 8 months ago.

if the contract was signed at the trader’s premises then there is no automatic cancellation period and that would only apply if it was given by them in the contract.

However, all types of consumer transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:

· Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made

The 14 day cancellation period may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

So if you were not provided with this information you can still argue that the cancellation period of 14 days by law should start to run from the date the information is given to you.

If this was given to you at the start, there is still a possibility to argue that if they have not provided you with the service you signed up for that you have the right to cancel for breach of contract.

Customer: replied 8 months ago.
Thank you. I will send them an email saying that I was not made aware of the no cancellation policy as I was rushed into signing the form and that I suspect that the photographer was not a professional as I have asked them to send me his details so I can look at his work and of course they have not done this.
King regards
Jayn
Customer: replied 8 months ago.
I am also contacting the police to see if they have had any complaints about metro fashion
Expert:  Ben Jones replied 8 months ago.

Thanks for the update

Customer: replied 8 months ago.
I got in touch with the police and they are known to the police. I need to call them back tomorrow to file a report as I didn't have time today. What's the best way forward from here?
Kind regards
Jayn
Expert:  Ben Jones replied 8 months ago.

what are you specifically hoping to achieve?

Customer: replied 8 months ago.
I guess I just wanted to confirm what I already thought.
Ultimately I just want to cancel my direct debit without being taken to court for breach of contract.
Can I use this knowledge as back up?
Expert:  Ben Jones replied 8 months ago.

you can do. I very much doubt that they will take you to court for this, if they have had issues in the past then they would not want to go to court to have their practices exposed publicly

Customer: replied 8 months ago.
Thank you for your advise. I have sent them an email underlining all of my concerns.
I'm waiting for a response
Expert:  Ben Jones replied 8 months ago.

ok thanks

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