Unwanted Advertising

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benm

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Jan 30, 2009
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Hi all,

I hope somebody can help me.

Last week I was called by BT Customer Street with regards to the FREE advert I had placed for my business and would I like to get more customers by paying for advertising. To cut a long story short, after about what seemed like an age on the phone, I said go ahead. The guy told me to ensure that I read the terms and conditions when they arrived in the post with the welcome pack. These came yesterday and stated that it is a 12 month contract and I had to sign the agreement saying I agreed to all of this.

Before I received the Welcome Pack, I had read reports saying it is not all it is cracked up to be and is a complete waste of money etc etc. So, I called BT Customer Street on Monday saying I wanted to cancel. I was told I would receive a call with 5 working days. Meanwhile, I sent an email through their contact form on the internet stating I was cancelling.

Yesterday, after receiving the Welcome Pack, I still had not received a call so called them again. I was told that it would be 5 days from when I called on Monday before I received a call. In the welcome pack was an email address so I also emailed again saying I was cancelling.

Today, I received a call saying why did I want to cancel, and basically I cannot cancel as I agreed to the terms over the phone. I do not however have any recollection of the sales guy telling me that it was a definite 12 month contract. He may have worded it differently. Anyway, I told him I had cancelled the direct debit which was for £80+vat per month and he said they will get the money via debt collectors. I told him I hadn't signed the Service Commitment form which also states "By signing this document you also confirm that you have read, understood and accept these Terms and Conditions". The guy who called me today said that I didn't have to sign it as I have accepted verbally last week.

If you have managed to read all of the above, well done, get yourself a drink. And, can anybody help me? Do I have the right to cancel? The campaign hasn't kicked off yet apparently. Thanks, Ben
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
Hi Ben,

Unfortunately as this is a business-to-business transaction you are not covered by the Distance Selling Regulations and there is no cooling off period. The answer would be easy if you were.

However, verbal contracts are only as good as the paper they are written on and if they don't have a recording to prove that you agreed then the contract is probably unenforceable. They are probably trying to scare you into paying, as the sales guys are probably on minimum wage and rely on commission to make a living.

Cheers,

Tony
 

benm

New Member
Jan 30, 2009
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Hi Tony,

Thanks for the reply.

When I spoke to them today he was keen to tell me that the calls were recorded and they would play them to the bank or court if they had to. He told me that in the original call that he did say it was a 12 month contract and he said it like this (I may not have this correct word for word) - "you will receive an average of 40 contacts per month over 12 months". He then said what made you think it wasn't a 12 month contract after I said that?

I have spoken to my credit card company who agree that I should have right to cancel as it was them that called me. They have put a hold on the money I paid to them.

I have also spoken to business link who are of the opinion that I have a right to cancel. They passed on to me the contact details of a solicitor who would be able to help. This solicitor has an agreement with business link (lawyers to business scheme) and is free for the first hour. I am off to see them Monday.

Thanks for your help. Ben
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Ben,

Let us know how you get on with the lawyer. You can do a subject access request to get a copy of the recording. Did they tell you it would be recorded? If not, then you can also complain to the Information Commissioner.

They would probably breach these regulations too, if it were a consumer transaction:

Consumer Protection From Unfair Trading Regulations 2008 | Consumer Information

Let us know what the solicitor says and keep an eye on the time.

Tony
 
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