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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 15330
Experience:  Solicitor
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On 14 Jan we had a visit from a representative of Payment

Customer Question

On 14 Jan we had a visit from a representative of Payment Sense who took us through having a terminal from them with reduced costs promised. He then proceeded to go through an agreement (contract) on his iPad/iPhone which was electronically signed by ourselves. He then emailed the contract to our email address and it was very difficult to read but the contract emailed through was wrong as we were supposed to be having two terminals of the same type and were sent 2 different ones. On 16 January the representative text our phone and said that he had arranged for a NEW CONTRACT to be sent out to us for signing - so far this contract has not been signed as there are aspects which are wrong and we have repeatedly told them that we do not wish to go ahead with a contract with them. They have harassed us with emails and wish to phone us to ‘talk and sort everything out’. We have asked for everything to be in writing so that we have proof. Can they hold us to the original contract electronically signed on 14 Jan even though it is wrong and they were sending out a second contract (a third one has also appeared) or can we still be within our rights to cancel and not pay termination etc. The machines have not been used as they were supposed to be setting up a ‘swap out’ to change both machines so they were the same - this won’t be done until we sign and we have no intention of signing and do not wish to go ahead.
JA: Where are you? It matters because laws vary by location.
Customer: We are in the UK, based in Stoke on Trent
JA: What steps have you taken so far?
Customer: Only to write to them to tell them the contracts are wrong and that they will not be signed. We eventually got to the point last week for the second time to tell them that we do not want to go ahead with the swap out of terminals or the contract with them. When we did this originally this set up a whole load of emails and telephone calls from them asking why and telling us we could not cancel the contract.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so. We are trying to find the first email that we told them we wanted to cancel the contract. They told us we did not have a ‘cooling off period’ as it was a business but this was written into some of the information they sent through to us which arrived after you do the electronic signing.
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 18 days ago.

What exactly was wrong with the first contract? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 18 days ago.
Th first contract said that each terminal would be £18 plus VAT each but when we spoke to the representative who gave us all costs he had told us that the cost of two terminal would be £18 plus VAT. They originally promised us we were to have two ingenico machines but one ingenico machine and one spire were then sent to us. We think that the contract sent to us today (when we have written to say we do not wish to go ahead) has been altered to read the two different machines.
Expert:  Ben Jones replied 18 days ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Jamie-Law replied 18 days ago.

Hello my name is Jamie and I will help you with this.

What is it you want to achieve?

Customer: replied 18 days ago.
We have attempted to cancel the placement of terminals from payment sense as we have not signed the new contract they emailed to us. The first was wrong and we have not signed a new contract. We do not think that we were given time to look and read terms and conditions because whilst their representative is at your place of business it feels like under pressure sales.
Expert:  Jamie-Law replied 18 days ago.

Given you are a business you are not offered the same protection. You can’t argue pressure selling. This is because you should read a contract provided.

Have you signed anything with them?

Customer: replied 18 days ago.
The first contract was electronically signed while the representative was at our premises but you could not read the contract until after it was emailed through, in other words, after you had signed it. They realised after we contacted them that the contract signed was wrong (2 days later) and said they would send a NEW contract which they have but we have not signed it as it is wrong again, ie they state they are charging for 2 terminals when they have told us they will only charge for one, hence the NEW contract is wrong.
Expert:  Jamie-Law replied 18 days ago.

Ok - I assume you want out?