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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3846
Experience:  Solicitors 2 years plus PQE
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I feel I have been conned I signed a 12 month agreement with

Customer Question

I feel I have been conned I signed a 12 month agreement with internet media experts for some advertising for my business, the salesman told me 12 months only wrote in on the front of the contract. now I have been billed for another 12 months as they have informed me I have signed a rolling contract. I refused to pay now a company called commercial debt recovery called to sat they are applying for a winding up order.. I am worries as I am just a small business
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Were you ever informed it was a rolling contract - i.e did they have terms and conditions on the back of the quote? Kind regards AJ
Customer: replied 2 years ago.
I was not informed personal the sales told me it was a 12month contract he then wrote that on the front of the contract , however on the last page of the contract it states its rolling in small print
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Has the debt recovery firm issued court proceedings against or have they just threatened a winding up petition? How much are they claiming? Kind regards AJ
Customer: replied 2 years ago.
only had a phone call off the debt recovery today threatening a winding up petition. they didn't tell me how much but the original annual fee £520 so I presume it will be more because of there fees
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Firstly the winding up order point wont be correct because you have to owe more than £750 to petition for a company's winding up. Secondly I would write to the company as follows:- Say you are absolutely appalled that they are flagrantly ignoring the terms of your contract, and at best what they are doing is a sharp sales practice and at worst it is fraud;- Say if they do not immediately call off the bailiff and stop chasing you, you reserve the right to report the matter to Trading Standards;- Say that you will vigorously defend any proceedings against the company and reserve the right to claim the cost of doing so;- Say to them it is a criminal offence to pursue someone (especially a small business) for money they do not owe under the Administration of Justice Act 1970 s.40. I would note:- Bare in mind that you are responsible for you sign and the question will be asked why you did not read the terms and conditions before you signed;- If they sue you, you will have to defend the proceedings;- If you want the matter to go away quickly, you could make them an offer to settle this and bring the matter to a close so it does not cost any more time and money?I look forward to hearing from you. Kind regards AJ
Customer: replied 2 years ago.
the amount is for £520 plus vat £624 in total. I have looked on the debt collectors website and they are no win no fee agency.
does the amount have to be under £750 with out interests and fees etc the original amount? I truly feel duped the sales rep told me that they could not give me any more than 12 months because of the nature of my business being electric cigarettes and if the law was to change on them they would have to terminate my contract. this is why I agreed to it. as far as I was concerned I signed 12 months in black and white. if I was to make an offer who would I make it to the company of the dept collection agency?
Expert:  Alex J. replied 2 years ago.
Hi Thank you - it is S.123 of the Insolvency Act 1986 - the figure is just £750 - I believe this includes interest but they have to have the right to charge it - which unless this is in their contract they wont be able to claim it without a Court Judgment. I would make the offer to the company directly and demand they call off the bailiff. If you write to them and highlight their failings this should be sufficient for them to engage with you. Kind regards AJ