Eglu Cube Coop For Sale

[Cinnamon]

I know I keep asking you lot questions about my business,but you are so helpful,& I am truly stuck as to which way to go on this one so........................

 

About 6 weeks ago,Hubby had a phone call from a company selling advertising (one of many!)

They were pushy & he was busy,so he told them to email any info to him.

They told him that the area they covered included the Henley area,where we are based & where most of our work is.

They also said that they would send an email with a contract,& if we sent it back with the bits filled in then a 'place' for us in their campaign would be reserved.

 

It seemed a fair deal,so we duly filled in the contract & returned it. To my regret,i didn't read it,but was assured by Hubby that it was just an informal reservation,as nothing was signed.

 

Later that week he had a call from this company offering him the chance to upgrade the package we had chosen,to cover Henley

Hubby told them that we had been told that the package we were looking at did cover Henley,& in that case if it did not then we would like to cancel. He was told that was fine & that someone would get back to us to finalise the cancellation.

 

Didn't hear anything for 3 weeks until we had an invoice through

I have been sending emails telling them that we had cancelled within their 7 day cancellation period.

They now say that the email we sent back is binding us to a contract,& we need to pay 80% (YES EIGHTY PERCENT!) of the fee to cancel,even if it is within the 7 day period.

They also deny anyone calling us & offering the 'upgrade' & now say that Henley is convered in our original package

 

Now,its not a vast amount of money,but I just don't want to give it to them.

I have lost faith in them,& have found their tactics underhand,inconsistent & sly.

 

I can't believe that the email (unsigned!) we sent was binding when they said it was just a reservation.....& that to cancel you need to pay 80% of the fee - surely that can't be legal?

 

Any advice any one?

[missuscluck]

Sarah, we run our own business too and if I was in your position I would not pay either. Have you an address for them? I would write a letter stating firmly why you are not going to pay and send it recorded delivery so they have to sign to say they have recived it. Keep a copy and write down any conversations you have had, best you can remember, dates and times etc. E mails are all well and good, but you can get caught out by them saying they have not recived them.

I would think they would struggle to take in as far as court action. It sounds a bit like bully tactics to me, to make you pay up in case they take it further and it affects your company credit rating.

[Cinnamon]

I am truly dithering on this one.

It is 'only' £400,but its MY £400 !!!

On one hand its a small amount to pay for our credit rating- on the other,I really resent paying them anything

[missuscluck]

£400 obtained by deception I would say

[Egluntyne]

Report them to the OFT and let them take you to the Small Claims Court.

 

Sounds like an unfair contract, and bluster, trying to bully you into submission and into paying up.

 

What a nuisance.

[Valkyrie]

There are a fair few companies like that around - it's best to be wary of them and give them a firm "no thank you". If you are looking for something similar to what they are offering, find a company yourselves and do some background checking first. Adopt the "don't call us, we'll call you" attitude. I had a very pushy bloke the other day asking for OH. He actually called on our homeline and I told him that if my OH was interested he would call him back. He replied (sounded like Frank Bruno to be honest) that OH called him from work. I replied that he would have to call him at work and if OH was interested Frank Brunosoundalike would have a record of his number. He then asked me for the work number. I told him NO and to expect a call from OH IF HE WAS INTERESTED, AND I AM VERY SURE HE ISN'T!!! Then I took his number and his name and his company - OH looked when he got home and threw it away. The cheek of some people (I mean - not OH throwing the info away). Anyway if he wanted to he could have checked the website - it has OH's contact details on there quite clearly.

[Cinnamon]

Well you see,thats what Hubby normally does - cold callers get very short shrift form both of us,but he was busy so said to email the details,which they said weren't a binding contract......

 

Hubby has had his wrists slapped & all enquiries come to me & my pleasant,tolerant attitude to having my precious spare time interrupted,from now on

[Cinnamon]

OK, they have thrown this at me:

 

We deal only with businesses and, as such, use a business-to-business contract which, unlike a Consumer contract, does not actually have to include any form of cancellation option or cooling-off period.

 

Does anyone know anything about these contracts,or can anyone advise me who to speak to about it?

 

edit: have answered my own question....businesses have 'no legal right to cancel a contract'

A nice lady from Trading Standards is now looking into this for us

[Redwing]

Double check the contract that you returned to them

 

If its clear and concise then you probably dont have a case and probably have to chalk it down to experience

 

If it is vague then you probably do have a case

 

then decide whether they have been underhand or not

 

Are you a Ltd company? in our company if we sign a new customer up and they are Ltd they are expected to know what they are doing so are bound by contracts. If they are non Ltd then they are covered by the Consumer Credit Act and have more rights which includes a cooling off period

 

If you cancelled within the 7 day period but then they turn round and say they dont have one then you must have got that 7 days from somewhere so throw that back at them