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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71133
Experience:  Over 5 years in practice
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is an oral contract made on the telephone unenforceable if

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is an oral contract made on the telephone unenforceable if there is no recording made of it by the supplier of the goods?
Jo C. :

HI

Jo C. :

No.

Jo C. :

It just means that they cannot produce the recording as evidence.

Jo C. :

If they can evidence the agreement in other ways - eg their notes - then they can rely on that.

Jo C. :

It might well be that they cannot prove the minutia of the contract but it is not right to say that it is entirely unenforceable.

Jo C. :

In any event though, there must be scope for cancellation at some point so you can bring the repeats to an end.

Jo C. :

Not many suppliers do record conversations. People like insurance companies do but that is specific to their industry.

JACUSTOMER-bol63rl1- :

the fact is that I signed agreements each time they placed the advert . I must have been asleep at the time because I was unaware that I had agreed on the initial phone call to anything more than a one-off advert (my fault really) I have reported it to Action Fraud

Jo C. :

If they can show that there was a phone call and their records detail an agreement then that probably would be enough.

Jo C. :

It is only the civil standard of proof.

Jo C. :

You can undermine it by pointing to the fact that normal practice is to sign a contract.

JACUSTOMER-bol63rl1- :

it is at an end - I just wondered if there was any chance of redress as there was no record of the initial conversation ( someone told me that there had to be a record)

JACUSTOMER-bol63rl1- :

prbably too expensive to take to court??

Jo C. :

It might not be cost effective for them to sue.

Jo C. :

There doesn't have to be a record though.

Jo C. :

A record is just a piece of evidence.

Jo C. :

They would be better with a record but they can rely on other evidence.

Jo C. :

for the most part companies don't sue though.

JACUSTOMER-bol63rl1- :

so in a nutshell there is no legal requirement for a supplier to have a record of the initial phone call that resulted in supplying goods or services ?

Jo C. :

No.

Jo C. :

That is not unlawful.

JACUSTOMER-bol63rl1- :

thanks for a

JACUSTOMER-bol63rl1- :

the full answer

JACUSTOMER-bol63rl1- :

I shall not pursue it but just put it down to experience

JACUSTOMER-bol63rl1- :

I shall sign off now

Jo C. :

No problem.

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