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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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My partner is planning on starting a new business and as such

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My partner is planning on starting a new business and as such set up a facebook page advertising the start of her business; from this BES utilities cold called her offering her a comparison of rates, during this call they also rattled through some terms and conditions and asked for bank details to do a credit check. This seemed fine until the next day we received a call informing us that we now have a contract with them which we can’t leave despite not being in the premises and not using any energy provided by them.
There is no way we would have voluntarily agreed to the terms as we haven’t yet got a lease agreement from the current landlord, and the contract term is for 60 months and the lease we were going to get for the premises is only for 24 months.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Tell BES you don't have a contract and insist on a copy of the recording of the call.
Note that most business deals do not offer a cooling off period. This includes when you have agreed to the contract over the telephone. So this is a matter of evidence as to whether a contract was agreed or not. It is relevant that the terms they were offering bore no relation to your lease.
Legally its for them to prove what the contract was.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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