Is it a legally binding contract?


In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to popular belief, a written contract is not required in order for these obligations to exist in law. A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this. Of course it must be proved that both offer and acceptance were clearly communicated and understood, that both parties were legally capable of making those promises, and there was something being offered in exchange for the promise (usually money). And while ‘putting it in writing’ is not necessary for a legally binding contract to exist, as the next section will show us, it may be hard to prove what was otherwise agreed.

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77 comments… add one
  • Shaun 29 August, 8:45 am

    Hi , can anyone help me out?
    I was selling my vehicle on eBay and about a day before the auction was to end, I had a phone call from a potential buyer who asked me how much I would accept for the vehicle. I told him the amount and he promptly visited me and paid a 10% deposit. When I went to cancel the listing on ebay, I found that someone had placed a bid on ebay and that I was unable to cancel the auction due to it having less than 24 hours till it was due to end. The secound buyer visited almost immediately and paid for the vehicle and took it away. When I found out about this mistake , I did contact the original buyer who had left a deposit and explained the situation to him, however, he was very angry and upset and informed me that he would be taking me to court as i had broken the contract. I had contacted him to explain and to ask for his address to return his deposit to him.
    Now, I have received a letter from this guys solicitors stating that he wants his initial deposit back plus £30 fee which the guy paid to transfer the insurance which he had taken out on the vehicle and another £300 to compensate him for his disappointment. A total of £500. the letter says that I must make payment in seven working days or it will be referred to the courts!
    Can anyone help me out with this situation or point me in the right direction for me to get some advice?

    Reply
    • ivy 26 November, 7:13 am

      Hi,Shaun, firstly, you need to check with the policy of ebay, are there any forbid cancellation the deal or not? if there no punishment regarding to the cancellation of the deal, you do not need to take this letter seriously. Secondly, are there any evidence to prove that you recieve the deposit from the first customer? if not, how could him to claim for the punishment /compensation? Wish it could help you.

      Reply
  • Lou 30 October, 10:12 pm

    I saw a camper van on e-bay and consequently made an offer via phone on it which was accpeted. I then transferrred a deposit of 400 pounds to the seller’s bank account. A few days later he said that the funds were not in his account and that the auction would go ahead. It did and the buyer paid more than we had agreed to pay. The next day the seller contacted us to say that the seller had pulled out and that we could have the van but at a higher price now. We agreed and travelled from Sussex to North Wales to pick it up. It turned out to be unfit for purpose (mould growing inside the vehicle by the driver’s feet, electrics that didn’t work, bodywork badly patched up) none of this had been mentioned in the advert or on the phone. We decided not to buy and the seller returned 80 punds saying it was all he had and that he would lose money on the vehicle as we had messed him around. We agreed that he should return at least 200 punds. He promised to readvertise straight away and that if he got the same price he would return the full 400. He did not readvertise having decided to keep the van and has not returned any money. He is not responding to e-mail or texts. Are we in a strong position to reclaim the money through small claims court or was he legally entitled to keep the deposit?

    Reply
    • charles knapp 10 September, 8:17 am

      hi lou i had that and told the seller i was not going to buy he said he take me to court i let him as i printed out the add and what he had said about the item i won the case and go como as well
      i allways tell people to read the item and print it of so you have back up

      Reply
  • Catriona 1 November, 11:26 pm

    Lou, Sale of Goods Legislation makes mention of three statutory rights – legal title, description and quality. Unfortunately the right to quality does not apply if you have bought from a private seller, but description does. So, if the description was misleading, and you were given the impression from the advert that there would be no issues of the kind you saw, you can claim back the money claiming breach of your statutory right. the fact that you were reliant on the description because you had not seen the vehicle in person puts you in a stronger position.

    Reply
  • Peter 4 February, 4:09 pm

    Hi,

    Is it correct that under the Consumer Credit Act 1974 Catalogue debts are not enforcablein law unless a signed agreement is produced by the creditor?

    Reply
  • Catriona 12 February, 3:58 pm

    Peter, In a nutshell, yes. Although it is any kind of debt under a regulated credit agreement, not just those to do with catalogues. If the creditor fails to supply a signed copy of the credit agreement within 12 days, the creditor is said to be ‘in default’, and cannot enforce the debt against you while this ‘default’ continues. If the period extends to one month, it becomes a criminal offence. You can pursue the debt collection agency for this document although you must pay a £1 fee for each request.

    Reply
    • Fred 7 April, 1:42 pm

      ‘Offence’, yes, but it isn’t a ‘Criminal Offence’.

      Reply
  • Anthony 19 February, 9:08 pm

    Hi I hope you can help us

    My wife and I applied for a loan online a couple of years ago (13/06/2007) we completed the whole credit agreement online. We were never sent all the required documentation, it wasn’t until recently we were finally sent the following information we requested this when we first took out our loan it wasn’t until recently when trying to sort out our finances we noticed we had not been sent the following information.

    The loan amount
    The charge for credit
    The total amount payable
    The monthly instalments
    The Annual Percentage Rate (APR)

    As this was an online credit agreement no paper work changed hands although it did state that we would be sent a written agreement that we would need to sign and return. We have never received or signed a loan agreement, does the bank still have to provide us with a signed loan agreement to make this credit agreement legally binding.

    So basically what I’m saying is if you apply for something online should you or should you not sign a paper agreement as well and if you should sign something and haven’t does that mean the contract is not legally binding.

    Please I hope you can help because we don’t seem to be getting anywhere with the bank

    Reply
  • Catriona 23 February, 4:56 pm

    Anthony, because you applied for the loan online, the governing legislation will be the Financial Services (Distance Marketing) Regulations 2004, as far as pre-contractual info is concerned. you do not have to be presented with this as a hard copy, the new regs state:
    “…or in another durable medium which is available and accessible to the consumer.” i.e. a PDF will do, although it must be prominent, easily distinguishable and separate.
    There is still required pre-contractual info on distance credit agreements, just as there is on face to face contracts. The amount of info required is vast, but in a nutshell must include:
    • the name and address of the creditor
    • a description of the main characteristics of the credit
    • the total price payable for the credit
    • the arrangements for payment, and
    • information regarding cancellation or termination (your 14 day cooling off period)

    You can find out more here (refer to schedule 1):
    http://www.opsi.gov.uk/si/si2004/20042095.htm

    Under the CCA, the agreement must be signed in order to be executed and you can request a copy of the executed agreement at any time – which the creditor must supply within 12 days. There is also a duty on the creditor to provide statements (after intervals of not more than one year). If the creditor cannot do either of these things, they cannot enforce the agreement or charge you interest during their period of ‘default’

    Reply
  • Anthony 23 February, 9:25 pm

    Catriona thank you for your advice, i have looked at the info provided and still note that the bank we took the loan out with should have still provided us with the following information:

    • the name and address of the creditor
    • a description of the main characteristics of the credit
    • the total price payable for the credit
    • the arrangements for payment, and
    • information regarding cancellation or termination (your 14 day cooling off period)

    some of this information was displayed on the screen during the application process but not in any other form after the loan had been agreed, it did say online once we had finished the loan application that we would get some information sent to us detailing all the above info but was sent nothing in any form?

    So my question is has the bank negated from thier contractual obligations of providing us with the above information in some form ie, email, PDF or even paper?

    Reply
  • Catriona 25 February, 1:19 pm

    Anthony, partly in response to your query I have restructured the entire CCA section of this site, see:

    whatconsumer.co.uk/consumer-credit-act-required-information/

    You must be provided with a separate document containing the required info (either hard copy or PDF), it cannot simply flash up on screen and disappear again. You can request a paper copy at any time, along with your original credit agreement and statement of debt. If they cannot produce this within 12 days the debt is legally unenforceable (without a court order). On the basis of what you’ve told me, yes, the bank are in breach of their legal obligations.

    Reply
  • Abi 20 September, 8:38 pm

    Hi, i have put a deposit on a horse, we now pay for the horse, the deposit is not refundable, but the horse is coming over from Holland any way, no matter what, because the lady we have bought it off the breeder, she is just the middle lady and has bought the horse with a profit, because we can’t pay for the horse, she is saying she will take us to court, for all her losses, because we are in a binding contract that we never knew about. She has started phoning us with a withheld number and texting my daughter, (because I don’t no mine) saying things that are worrying her, kind of abusive. What do we do?
    Thanks
    Abi

    Reply
  • Abi 20 September, 8:39 pm

    Hi, i have put a deposit on a horse, we now pay for the horse, the deposit is not refundable, but the horse is coming over from Holland any way, no matter what, because the lady we have bought it off the breeder, she is just the middle lady and has bought the horse with a profit, because we can’t pay for the horse, she is saying she will take us to court, for all her losses, because we are in a binding contract that we never knew about. She has started phoning us with a withheld number and texting my daughter, (because I don’t no mine) saying things that are worrying her, kind of abusive.
    What do we do?
    Thanks
    Abi

    Reply
  • terry parker 28 September, 2:30 am

    if i got a binding contract with a creditor and they turn my account over to a collection agency. even if they have my old contract from that creditor by law who do i owe money to .when i called the creditor to make arrangments to pay my bill,they say my account is closed and to make payments to agency and agency will pay them.
    ,

    Reply
  • Amanda 31 October, 5:37 pm

    I bought a sunbed from eBay, it was a buy it now or best offer I arranged to get it to be collected by a man with a van due to it’s size when the sunbed was delivered to me I found it to be not working I contacted the seller who said she would refund my money and ask me to return the sunbed I hired another man with a van to return the sunbed the seller called when the sunbed was half way back and said she wouldn’t be giving a refund the sunbed is now back in the sellers garage I have paid for this and £80 in vans I have reported it to eBay and there final response is that because I didn’t pay by paypal and the item was collected they have decided in favour of the seller, I would have thought that because the contract was entered in to when we agreed a price online i would have the same rights ?? Also I didn’t collect the item and even if I had of done I could not have tested it before taking it away as stated in the advert it can not be used in her rented accommodation due to the landlord.

    Reply
  • Jiheishou Daigakusha 5 February, 11:38 pm

    In a console game’s EULA, does a provision forbidding resale purport to act in restraint of the pre-owned trade, and is the EULA thus void ab initio?

    Reply
  • Jeremy 30 March, 4:18 pm

    I recently booked a holiday cottage and paid a deposit. A key factor in choosing the property was the availability of off-road parking near to the entrance. The advert made it clear that there was off-road parking and I checked this before booking using Google Earth and Streetview. There were no terms and conditions available anywhere and the requested deposit was 50% (£205) which I paid.

    Four days before I was due to arrive it became clear that there was no off-road parking, instead I would need to park up to 200yds away, either on a road or in a public car park. It also became clear that this was due to significant building work being undertaken involving scaffolding some 8 ds from what was described as a peaceful location.

    I cancelled the booking and requested a full return of my deposit.

    I believe that the person letting the property mislead me, perhaps unwittingly, and that the provision of off-road parking was a provision of our (unwritten) contract, as it formed a part of his offer.

    My question is; Am I right in believing that this is a breach of contract?

    I think I am, because as I understand it, in the absence of any other conditions (and none were explicit in the advert or subsequent communication) our contract is based on the offer by the vendor, my acceptance of that offer and the exchange of a consideration (the deposit).

    I am hoping that the vendor will agree and refund the deposit, but if not, I would like to know if I have reasonable grounds to take this through the small claims procedure.

    Jeremy

    Reply
  • EMMA 3 May, 12:02 pm

    hi. i bought 2 sets of geret camping chairs with side table from ebay. as i show dogs and would be great for around the ring, on my 1st outting at a show we were sitting around the ring when we heard rip and 1 of the chairs ripped halfway along where the fabric goes round the bar on the seat part, lucky no-one was hurt and on examing the other 3 chairs i have noticed that at least 2 of them are fraying along the same stitches as the 1 that ripped, i have contacted the seller and have had no response, the are still selling on ebay and have 100% feedback so i thought i was buying from a honest seller, sorry forgot to say that bought these a few months ago but this weekend was the 1st time i ussed them. where do i stand and what can i do. emms

    Reply
  • ANTON 27 June, 2:29 pm

    Hi
    We had some work done on our house in February of this year,which involved UPVC gutters,downspouts,fascias and soffits.Approximately 5 weeks ago,some of the “dry edging” became dislodged on the gable end,and ended up on the ground due to strong winds.
    We contacted the company,who at first said that the dry edging was not under guarantee (which we have never received),but eventually said that they would send someone to sort the matter out.Many letters/phone calls have since been sent/made,which seemed to have no effect until this Saturday when 2 workmen arrived.
    Having looked at the problem,they said they would need to get some parts,and if they did not return that day,then they would see us on Sunday.
    Of course,they did not return,and we are no nearer to getting the job done than we were 5 weeks ago.We have been told that if we take the matter to the “small claims court”,it could drag on for quite a while,and could possibly cost us more than the job is worth.
    We are beginning to lose all hope of the matter being sorted out to our advantage,we contacted our local trading standards,but the advice given did not seem all that positive,anyone any ideas?.

    Reply
  • Chris Allan 27 June, 3:35 pm

    I spent ages scouring the internet for an Orbea Carpe Diem S10 60cm bike. The best price was quoted via e-mail on 02/06/11 by Epic Cyles of Worcester £1549. Next best was Winstanley at £1649 followed by a host of others at £1725.
    I was in regular contact with Epic and agreed to buy the bike and i told them that i was getting a personal loan from my employer and that i would send the cheque asap.
    Whilst i was awaiting the cheque, i contacted Orbea Uk and enquired why i could not purchase the bike locally to my home for the Epic price of £1549.
    After i received the cheque and sent it off, i received an e-mail from Orbea UK stating that Epic had made an error and could not supply the bike for £1549.
    When Epic received the cheque they reitterated the Orbea e-mail and asked for an extra £100. I declined saying i had a legally binding contract but they have sent the cheque back stating a seven day quote rule on their website (something they omitted to say via e-mail.

    I am of a mind to go legal and ask for the bike at the agreed price plus compensation. I can supply all the e-mails if you wish.

    whats your view ?

    Reply
  • candy 19 July, 11:23 pm

    Hi we bid successfully on ebay for a motorhome. they describe the motorhome but no photos or description of any rust, or damaged or non working appliances. which is a good thing. we were asked about payments and then said if pay by cheque, will need to wait till it cleared before we take the motorhome. i said ok. then she asked to pay £ deposit to pay pal to hold the motorhome till the weekend. Now that wasnt stated in the bid page nor agreed upon. what should i do? I am a genuine buyer but my main concern is whether the product is as describe and fit for purpose as i am going to use it with my 4 young children and safety is paramount. and i am sure once you make payment and items faulty, it would be difficult and time consuming to get refund as seen from your other comments. can anyone advise how i should go about doing proper checks. ie what do i need to look out for and can i request the seller to show everything in working order and show us how to work everything? should i check whether vehicle is genuine and not two pieces put together which may not be safe to drive! or stolen? please help as i am doing this motorhome thingy as a tryout and not wish to mess it up as it does involve payment of thousands of £ for a rather old motorhome.

    Reply
  • Paul 10 February, 2:45 pm

    Hi,
    I wish to leave my employment to start another job however they want me to start within a week and in the statement of employment it states I have to give a months notice but I have not signed it. Do I still have a legal requirement to stay at the company?

    Reply
  • Ogunka 12 February, 4:48 pm

    I stood as a guarantor for a female colleague at work in 2009 for a loan of £3000.00 with a company called FLM. According to FLM’s own business practices, the money was paid into my account for me to transfer to the principal borrower. Rather than pay the £3000.00 I guaranteed, FLM only paid £914.37

    The principal borrower has now absconded and cannot be found. FLM is demanding me to pay £3000.00, the amount guaranteed rather than the amount paid into my account to transfer to the principal borrower.

    Question: What are my rights under these circumstances. Do I owe FLM the amount guaranteed or the amount received into my account?
    Thanks for your help.

    Reply
  • Sheogorath 16 February, 12:28 pm

    IANAL, but I would say that you’re only legally obligated to pay the amount transferred into your account by the loan company, and if they keep demanding more than that, that might be constued as an act of fraud and misreprentation.

    Reply
  • Sinead F. 20 April, 12:19 pm

    My brother loaned his ex-girlfriend nearly £4000 at her request.
    She wrote a letter to him to the request money, stated repayment terms and he wrote back to agree. They had recently broken up at the time. She was also pregnant with his child.

    After over a year of promises that she would return the money, she finally said he could forget it as it was the least he could do after breaking up with a pregnant woman.

    Can he take her to court? He still has the original letter and all the isntances where she has said she is happy to pay but just needs another week then another month..

    I need to know specifically what law applies here? So we know whether he has a pass or fail on meeting the law’s requirements.Is it contract law? As in does he just have to prove there was a binding legal contract? Can there be a binding legal contrac if people were boyfriend and girlfriend? Given that neither one of them seems to be able to pinpoint a clean break-up point.Worried because she clearly didnt want to be dumped andw ent to pains to keep sending lovey-dovey emails which my brother chose to ignore the judge may say you two were still together therefore this is not a loan.

    Please help. My brother is a student and none of us can afford to just take this kind of a hit. He has been paying to support the child and monther including prenatal costs despite all this even though apparently he is not obligated to.

    Reply
  • janis 1 May, 3:01 pm

    I was cold called yesterday and pressured into agreeing to a service but I do not want the service. The lady was so convincing. She took my credit card details and told be to reply to an email. Saying “I accept”. When I realised how stupid I was a rang back up to cancel no more than an hour after accepting. They want six monthly payments for the service now although I don’t need or want the service. They said there is no cooling off period.

    I want to know if the email i sent saying “I accept ” legally binding

    Many thanks

    Reply
    • Sheogorath 19 November, 8:31 pm

      No, not legally binding at all. In fact, under UK law, you have up to two weeks to cancel any contract made during a cold call, and the company is legally obliged to accept the cancellation. I would say that an hour after the contract was formed is well within that two week period.
      Disclaimer: IANAL.

      Reply
  • Chris 3 May, 1:43 am

    Hi all, hope someone can help my fiancée,

    She recently caught a taxi at a rank while working away in Chester. The diver took her to the b and b and then offered to pick her up in the morning to take her to her job. She accepted and he duly picked her up the folloeing morning. On the way there the taxi had a bad puncture and my fiancée had to inform the driver that something had happened because he continued to drive on. He stopped and rather than call his firm, he asked his wife to come and pick her up and take her the rest of the way. Before doing so, the driver also offered to pick her up after her job ended. She said that was fine and she finished at 2pm. Nothing written was signed.
    She ended up finishing early and didn’t have the number of the firm the driver worked for so instead got a number from the venue she was working at and used their service.
    The original driver then called the b and b and they (illegally) gave my fiancées full name, address, and phone number to the driver. He is now threatening to take us to court over the 25 pound fare he was “promised”.
    Also, we have asked other local taxi firms if the fare was reasonable and they all claim it should be closer to 14 pounds.
    Does he have a leg to stand on or is he just taking advantage of a young girl who doesn’t know the area?!
    P.s. the police assure us he is very close to being classed as harassing us now as well.
    Any help would be appreciated, thanks a lot guys!

    Reply
  • Jackie 6 July, 1:32 pm

    We have just had some garage doors, we told the seller that we could not afford any at the moment he said that he could defferred payment for 12 months, we said ok we would be happy to do that. So we signed a purchase contract for garage doors and gave deposit, so now an hp company has told us that they will start taking out payments in july for xx amount. Have been back in touch with the company and they keep saying the saleman will get in touch but not hear from him as yet. We did not sign any hp agreement, how do we stand and what should I do.

    Reply
  • Lyle 10 December, 4:05 pm

    Hi I bought a car off ebay private seller after picking it up it broke down on the way home and I had to have recovery, I have been informed the car engine has ceased and cannot use the car or afford to purchase a new one. I informed the seller straight away and asked for my money back, and have been told it was bought sold as seen with no warranty do I have any rights ??

    Reply
  • Rod 14 January, 8:22 pm

    I booked a series of flights with an airline using a travel agent.The flights were booked on a single itinary.A flight, partway through the itinary, was cancelled some weeks before the flight date, by the Airline, but the travel agent did not inform us of the cancelation. (We were the only two people to turn up for the flight so the message had got through to the majority)I am trying to claim expenses incured from the travel agent. Do I stand a chance?

    Reply
  • Ayman 15 February, 5:05 pm

    Hi
    I sold a laptop motherboard to a buyer on ebay for £4.49 for both the item and postage & packaging. The buyer received the item and sent my and email saying it’s faulty. I replied saying that I’m sorry that it’s faulty and it was in perfect working order when it left my hands. He got back to me saying that I have a week to refund his money or he will take my to court. I then replied saying that my page says no returns accepted but I’ll refund your money when I receive the item in the condition it left me. He did not reply to this email. But about 5 weeks later (yesterday) I received a court claim for £500. I don’t know what to do, can someone please shed some light. Oh, by the way I’m a private seller.

    Reply
  • Stuart W 11 March, 3:33 pm

    Hi,

    A few months back when work was quiet I decided to subscribe to Racing UK to pass a few hours. I have done this before when I was quiet and cancelled when work picked up. his time, however, it appears they have introduced a 12 month contract and they are chasing me for the amount outstanding. I did not sign anything nor did they send me anything! I know a written contract is not necessarily required but I didn’t know I was entering one?

    Reply
  • Kevin 7 August, 7:54 pm

    I called talktalk to advise them I wanted to cancel my broadband at the end of September. Talktalk said i was under contract until June 2014 and if I break the contract I would have to pay £300.
    I told them I was not aware of any contract and could they prove it to me. they said they don’t have my telephone conversation on what i agreed or did not agree to. They said they sent an email to me but I have never seen the email.
    I have not agreed to any contract verbally and I have never confirmed anything via email however talktalk said as they sent me an email and this means I am under contract to them . Is this legal?
    Surly they cant just send e-mail and expecting everyone to be under contract?
    I have found out talktalk don’t keep recordings so they can’t find my conversation.

    Reply
  • Beth 14 August, 8:48 pm

    Hi,

    I have just sold a blackberry on eBay and the item description clearly showed that is was for parts or not working. The buyer contacted me 24 hrs later asking whether the phone was not working, I said yes and that the description stated that, and she said she did not want it. I have informed her that unless she paid within 24 hrs I would be taking out a case on eBay against her as by bidding she has entered a legally binding contract. However ebay basically says that if they don’t pay within 4 days they get a notice on their profile but other than that I can’t do anything. This is highly unfair and is there anything I can do to make her honour the contract?

    Thanks

    Reply
  • phil 27 August, 9:24 pm

    I bought a tv in Jan of this year,in Aug the sound went off,I took it back to the place where I bought it and they sent it to be repaired,it came back without being repaired stating the headphone jack has been snapped and they won’t fix it unless I pay 50 pound,is there anything I can do?

    Reply
  • Mia K. 18 September, 12:27 am

    My parents were quoted for home repairs in the amount of $37K. My father hastily signed the handwritten quote that states payment terms, and it seemed really shady since they ask for four cashiers’ checks within 2-3 weeks. Nonetheless, when my mother went to the bank to borrow against her equity line of credit, the bank requested the name of the business and business number. This seems perfectly reasonable. However, when my mother asked the person who quoted her, she refused saying that the bank is just being nosy – wanting to look into permits and such. She then asked for personal checks, and my mother refused. Now, the woman said she’ll show up tomorrow anyway to start the work since my parents signed the paper. I’d like to see the paperwork, but my parents have limited knowledge of technology. In a nutshell, they’re not legally allowed to begin the work without a deposit, right? And they can’t receive a deposit until they release their business name and tax ID number. Ugh. Someone tell me I’m right =/

    Reply
  • Ben 4 December, 4:31 am

    IANAL, but it sounds pretty dodgy. If the person doesn’t like a bank being “nosy” about their business you kindof have to wonder why, especially since you’re paying them almost $40k. The fact that your parents signed the “contract” is worrying, but if the person has misrepresented themselves, then you could probably argue fraud. TBH, what I would do in their position is simply tell the person to go away. You should also do some “detective work” to see how legit this “company” is (hint: no ‘honest’ company should be reluctant to give out the name of their business). They might sue, but then they have the burden of proof, not you. The fact that a signed contract exists complicates this a bit, but the shadiness of this deal is very high. £57k is a large amount of money to throw away, and you dont want dodgy home repairs. Also, you might want to get your parents to be a bit more careful about what they sign.

    Reply
  • Chris 12 December, 1:21 am

    booked a vip booth and meal over £1500 in night club in london for December 20th all paid for over a month ago now they are saying they need to cancel because they want to hire out whole club to a private party 9 days before hotels are booked 10 rooms near to the club are we entitled to compensation?

    Reply
  • Malcolm 1 February, 10:33 am

    My retail business involves using a Credit Card Terminal (over counter only, not telephone payments). The Card Machine company has just advised me that they are incurring an additional ‘Account on File’ fee every month of £3.99 which is not in the original contract.
    Am I correct in assuming that they must give me the option of leaving the contract without penalty if I do not accept this?

    Reply
  • lesley hector 13 March, 4:23 pm

    i am leaving bt after 4 years with them and they have told me i must pay 80.00 because i made a new contract with them.severall months ago we were told that we could get bt sports free with them because we were broadband customers,they are now saying that because we took that up that was starting a new contract.is this true

    Reply
  • Neil Humphrey 21 June, 12:05 am

    I used the Buy It Now option on Ebay (a contract not an auction) to buy a painting and agreed to pay £600, which in email said “around” a date month later “on collection” and requested an address. The address was not forthcoming, but unfortunately it snowed and I was injured in a severe skiing accident putting me off the radar, however exactly on the button date the painting was relisted and resold without noticing myself at all. The problem I was then faced with was locating the painting. However, I did so 6 months later, and said “Oi I bought that and want to complete the sale”. The original owner had a history of non-sales and relisting (I have evidence from one), as well as shill bids, as they really wanted to keep escalating the price, without delivery. However, I want the painting, as there is other supplementary chemical and geographical french viewpoint evidence that looks wrong but is fantastic that I had gathered pending completion of sale, it is either an original (worth I won’t say, or very good fake, which would value about £8K). I don’t want damages, I want to recover the painting, as I know where it is, and pay the original owner the agreed £600. I was planning on UK small claims for £8K or US claims for won’t say. At the present time, the evidence has not been submitted before the “body” that ajudicates the artist. I have seen that its fairly bizarre impasto that the artist recommended shaving his paintings to overcome sunlight chemical fade; and was at a disturbed time in his career.

    Reply
  • ALAN MONK 6 August, 11:12 am

    can i pay for an item in cash when i go and collect it

    Reply
  • Brenda Hodgkinson 2 October, 5:54 pm

    I put a deposit down for the viewing of a wedding car with a firm in Sheffield. I was promised that if the car wasn’t suitable then I would be given the deposit back. Terms and conditions can through via email along with a Confirmation of the actual wedding date. On not understanding the Terms and Conditions I rang this company, they told me not to sign the Confirmation as it would be sorted on the day of the viewing. Unfortunately wedding cancelled, so no need for car, rang the company to cancel viewing, and was told that I would not get my deposit back. I have today received an email confirming my cancelation of the car for the wedding day and not the viewing. I feel I have been lied to, as my deposit was to secure the car for the viewing date, and not the wedding date. The company has totally turned it all round so that they can keep their hands on my £100. How do I stand for getting my money back? I paid via Credit Card. It is my word against his, but I did not Confirm the car for the Wedding Date, and yet they are keeping my money by false pretenses. I feel I have been misled over the whole affair. Where do I stand

    Reply
  • kera Richardson 5 November, 8:22 pm

    hi

    Can anyone help? I got a contract out with phones for you, on O2 still have a year left spoke to O2 to reduce payments they didn’t want to help as original contract with O2 and stated they had no contract sirect wih O2! Spoke to phones 4 I who don’t have a clue! Pulled out original contract from phones for you in the shop, and have noticed i did not sign the contract and nor did the sales person, debating weather to just stop paying for it as no one seems to know who’s contract it is.

    Thanks

    Reply
    • Sheogorath 19 November, 8:16 pm

      Yes, it’s a legally binding contract because signatures don’t matter. Since you received a service that you paid for, any judge would rule that a legally binding oral contract.
      Disclaimer: IANAL.

      Reply
  • Martin Vause 18 March, 9:30 am

    A ‘Green Deal Provider’ has got me to sign a contract, which I have later found contains a misrepresented hidden installation (labour & fitting) charge of £10,000, for fitting £3,600 worth of heaters ; that is quantity 5 heaters only. They have made written threats to send people to my house to remove the heaters and claim the contract I have signed is ‘legally binding’.

    Reply
  • Elvin Cole 12 June, 10:29 am

    Hi

    Could you tell me if a recording contract needs to be countersigned before it becomes legally binding.

    Regards

    Elvin

    Reply
  • ricks 12 July, 4:31 am

    HI I NEED HELP AND A LITTLE SUGGESTION ,,,, i DEBT MOTORCYCLE UNIT IN A COMPANY FOR 3 YEARS TO PAY WITH A CONTRACTUAL TERMS AND MONTHS GO ON AND THERE WAS AN UNEXPECTED HAPPENED IN OUR NATURE,,,, AND A BRANCH I DEBT FOR, ARE TOTALLY DAMAGE ALL DOCUMENTS HAD GONE AND NO ONE LEFT IT,,, MY QUESTION IS IM STILL LIABLE EVEN THE CONTRACT PAPERS IS GONE AND A COMPANY I DEBT AN MOTORCYCLE DO THEY HAVE A RIGHT TO PAY IT FOR ME AND I HAD A RIGHT TO NEGLICT IT……I NEED YOUR ADVISE.

    Reply
  • ricks 12 July, 4:34 am

    HI I NEED HELP AND A LITTLE SUGGESTION ,,,, i DEBT MOTORCYCLE UNIT IN A COMPANY FOR 3 YEARS TO PAY WITH A CONTRACTUAL TERMS AND MONTHS GO ON AND THERE WAS AN UNEXPECTED HAPPENED IN OUR NATURE,,,, AND A BRANCH I DEBT FOR, ARE TOTALLY DAMAGE ALL DOCUMENTS HAD GONE AND NO ONE LEFT IT,,, MY QUESTION IS IM STILL LIABLE EVEN THE CONTRACT PAPERS IS GONE AND A COMPANY I DEBT AN MOTORCYCLE DO THEY HAVE A RIGHT TO PAY IT FOR ME AND I HAD A RIGHT TO NEGLICT IT……I NEED YOUR ADVISE…..

    Reply
  • Gaynor 4 September, 10:44 am

    I work for a student house in Manchester, one student from USA booked a room in August 2015 sent a wire transfer to us covering the deposit which we received, student room booked and moving in day was 3rd September 2015 but on 30th August her mother phoned and said her daughter has not got her student visa and passport back yet, so mother would come to us on 3rd September with a suitcase and stay here for 2 nights set her room up for her arrival in a week’s time. Then mother had phone call to say cant come due states wont give her a student visa this is odd. Now mother wants deposit back as the 10 months booking is cancelled WHAT DO WE DO, in August we could have sold this room 20 times over now nothing.

    Reply
  • Des 5 September, 1:05 pm

    i listed an item incorrectly with respect to the price, I pressed zero and it didn’t register. I tried to access the listing to put the correct price on, but due to loss of signal, I couldn’t edit it. In that short space of time someone bought the item. The item is worth well over £1,000.00 and it was put on at £110.00. I have contacted the buyer to explain and apologise. As yet I haven’t heard back. What are my options/rights?

    Reply
  • leanne 9 October, 9:14 pm

    Hi. I recently saw a horse in Ireland and I live in England. I liked the horse but couldn’t go view as we were so far away. I asked all about the horse and was told many times that the horse had one fault that it has 2 sarcoids. One between its front legs and one between its back legs. The seller also said they were very small. This didn’t bother me so much so I agreed to give a deposit and to pay the full amount once the horse arrives and is as described. The horse has been delivered and its riddled with sarcoids. They are all under his stomach, between both back and front legs. 2 sarcoids didn’t bother me however this many does. Not only are there loads of them but they are massive and sore and bleeding. He also is very malnourished and had big scabs under his neck. I’ve contacted seller and he said he will pick up the horse but he won’t give me my deposit back. Am I entitled to it?

    Reply
  • Gordon Rayner 13 October, 11:18 am

    Why will sellers not deliver to the Scottish Highlands?

    Reply
  • chris 19 November, 8:43 pm

    I sold my ex girlfriend as of now a vehicle for $1200 she paid $100 down payment and we made a handwritten agreement that she pays $200 a month until the total amount paid i aslo signed a bill of sale. She ended up taking both the bill of sale and the handwritten agreement i told her i wanted her to make a copy of the written agreement and still have not recieved it the title is in my name but unfortunately when i transferred it to my name it never came in the mail and i havent had time or anything to go to the dmv to get it that being said the car has my tag on it which was supposed to be turned into the dmv due to cancellation of insurance the vehicle still doesnt have insurance on it neither and when i asked her for my tag back she got mad saying she wasnt going to pay that i dont have anything to prove it with so shes just trying to get a car for $100. Shes not behind on the payments in the written agreement that she has it was stated that if she got 2 payments behind that i would then take the vehicle back seeing that she has all the paperwork and everything what could i do since shes saying shes not going to pay for it. I have a few text with me asking her for the copies and me mentioning how much she owes me when she replied to the text it doesnt actually state the whole agreement but she did text things that lead to the fact that she owes me money and she wasnt going to give me any paperwork or go get the title and put a lein on it. Could anyone give any advice on what could be the best thing to do or if i would still be allowed to take the vehicle from her if she really doesnt pay and also how could i get my tag without being threatend that im not going to get a copy of the written agreement nor get paid for the vehicle

    Reply
  • Annice 25 December, 1:28 am

    Hi i have a question,

    I had signed a handwritten paper with my exhusband saying i was going to pay off the rest of the loan and the insurance. As he did not have the money at the time. The car is currently in his possession.
    Now hes having to move back home and doesnt have a job. Both of our names are on the car loan and the insurance. Is there anyway to be able to take the car back and move it into my name even though i had signed the paper?
    Thank you

    Reply
  • Ryan 2 March, 9:40 am

    Hi, I’d really like some advice.
    Recently I tried to make a purchase on the car boot sale app shpock. This app states that once an offer has been accepted by a seller it become legally binding. I made my offer, he accepted and now he won’t return messages from me, legally am I in the wrong if I ignore him and purchase from a different seller? He was the first to stop communication. I can’t get any information of the Shpock website and it’s troubling me.

    Reply
  • kathry 22 March, 1:58 pm

    I put a 25% deposit down on a horse after having paid to have it vetted. she had received and excepted the deposit the next day she said she had received a higher offer and said she was selling to them instead where do I stand?

    Reply
  • Stephanie jones 4 April, 12:51 pm

    Hi. I really could with some advice. I brought a holiday on ebayer. A week holiday in a private cottage in South Wales uk. It was at a lower price because it had been a cancelled holiday by someone else. 15days before the holiday. I had to cancel due to finding out I was pregnant and die to exvisiting Medical conditions I was advised not to travel that far. I contacted the seller and they agreed to sell my holiday dates and whatever they got I would be refunded. After sending in the post a letter of cancellation, which the seller requested. She then refused to put my dates up on the original site but instead posted on Facebook. She then had inquires about the holiday but did not respond to the interested parties. She then ignores my emails and now my dates have gone. But in the last day. She has posted a second cancellation. She has posted on the original eBay site on Facebook etc. I have emails confirming that she would do her upmost to sell my dates. But I didn’t get the same treatment as another customer. Do I have the right to pursue this as I have been treated me differently to other customers.
    Thanks for your time
    Steph

    Reply
  • Dedelow 26 May, 8:42 pm

    I made a bid on eBay on two bikes but only wanted one! This might sound silly but I honestly didn’t know that you had got to exsept if they said yes to your bid? I have paid for one but don’t know what to do about the other? I have received 2 email asking me to pay for my perchase. Any ideas or where I stand on this?

    Reply
  • Helen webb 28 July, 2:58 pm

    I booked a campervan a couple of weeks ago and paid a deposit of £200, but because of circumstances beyond my control had to cancel after 2 days and they have kept the full deposit, is there anything I can do.

    Reply
  • Suzanne 11 August, 1:06 pm

    Hi, I was selling a horse for £1,250 and a friend gave me a deposit of £500 seven weeks after they said they would buy her they cannot give me a Pacific date when they can give me the rest of the money. So I have given them two weeks. They say they cannot have the horse now because they cannot raise the funds. We have no written agreement so how do I stand with the deposit.

    Reply
  • Terry Maycock 2 September, 11:01 am

    Hi we are manufacturers of unique curved glass products, we had a enquiry which we quoted in June 2016 to a company of interior refurbishments. After several months the buyer finally placed an official purchase order for the quoted goods and paid the full pro-forma payment, in accordance with our terms and conditions of sale. The buyer then 2 days later cancelled the order, saying the reason for cancellation was due to its client cancelling there order with the buyer, is this a breach of contract and is the buyer entitled to a full refund

    Reply
  • Ian Bundell 3 September, 10:58 pm

    My wife was sent a text message from Thomas cook confirming £1500 final settlement they say this was sent by mistake is this legally binding

    Reply
  • Ruth Johnson 15 September, 12:19 pm

    Hi can anyone help I ordered a bathroom 9days ago my husband has work reduced so unable financially to go ahead the bathroom wasn’t due to be done till Dec we paid 50per cent deposit company won’t give me refund as they say they have ordered items I have invoice it doesn’t state anything about non refundable deposit can anyone e help

    Reply
  • Susan K. 17 October, 12:02 am

    I signed contract to sell my home 7 months ago with an agency with the understanding I might decide NOT to move out of town to help care for my disabled brother. I NEVER allowed them to take pictures of my home, or put up a for for sale sign, or list in MLS. I let the agent know I decided NOT to move out of town within 30 days of signing.

    Yesterday, I was driving around with a good friend (also a real estate agent) and saw a small condo I liked. I have been wanting to downsize my life and expenses. I’ve come to the realization that eventually this plan will allow me to move my disabled brother here near me.
    I loved the condo and my friend and I wrote a offer to purchase as well as set everything up for her to sell my house (including signing an exclusive contract for her to be my agent).
    I totally forgot about signing with other agent.
    I’m embarrassed and worried sick that I could be liable for *something*. I don’t want to tell my friend. I don’t want to call the other agent either. I’m 99% positive I listed 1st contract for a term of no less than 3 months but not more than 6 months. It’s been 7 months now. I’m no longer selling my house for the same reason at all.
    Can anyone give me any insight about my culpability?

    Reply
  • ray squires 15 November, 5:24 pm

    I purchased a gas hob from an online business via EBAY it clearly stated that the hob may hay virtually invisble slght blemishes which turned out to be nicks and scratches from pan support grating against hob probably from being on display. Importantly though it was avertised with a instruction manuals registrations etc. and a hob as new. there was no fixing clamps or putty strips which are required to fix hob in worktop and as mentioned no instructions. The hob arrived late and was wrapped well but cheaply in old bits of alien carboard. The supplier has been contacted but i think these items are lost and they are not responding.The hob cannot be fitted without this and guarantee cannot be applied either. If I return this within 14 days i have to pay for postage! Under sale of goods, fit for purpose etc. etc. Where do i stand please?

    Reply
  • Andre 17 November, 10:24 pm

    Hi
    I booked a holiday and lost my job before final payment was made. I only paid a deposit. But now they are asking for £400 because I’m cancelling as im due to go in 7 weeks. If I don’t pay the £400 can they persue the money

    Reply
  • Diane Watson 22 November, 5:55 pm

    Hi I hired a Sunbed from a company in the town where we live. I’ve had nothing bt trouble with the Sunbed from day one faulty tubes, plugs getting very hot, Sunbed tripping electric etc. the signed contractual agreement ended last Friday. They were supposed to come and collect it and 4 days later I am still waiting. Everytime I fne the guy to come and get it I get nothing bt abuse down the phone. He is the most vile man I have ever had to deal with. I explained that I need the space back in my house and his reply was “oh wot a shame”. Am I within my rights to put the Sunbed outside as it is no longer my responsibility and hasn’t been since Friday when the agreement ended????? He’s basically saying everytime I ring him that he will collect it when he’s ready??? Is this allowed????

    Reply
  • james 26 November, 12:27 am

    I’ve placed a bid on ebay for a motorhome for family holidays and there is 2days and 12hours of auction to run my problem is (and I am still in shock,)at the end of work this evening we were all handed letters telling us the factory was closing next Friday and as we are all self-employed means no redundancy I can no longer afford this item have tried contacting the seller but no response.
    (a worried family)

    Reply
  • Donna 28 November, 1:59 pm

    Hi . I purchased a mobile phone for £250 from a lady on the shock website via bank transfer. I never received the item and the seller wont respond. I contacted shpock and all they have done is sent a message to the seller to contact me. As you can gather there has been no contact. Is there anything I can do to get the money back.

    Reply
  • Charlie 8 December, 3:34 am

    Hi I sold my plot of land on eBay a buyer made a clear winning bid on a buy it now price including a text message he sent me to remind me to state he won the bid & asked me to remove my listing & confirm he won.I insisted on a deposit & reminded him it was none refundable if he pulled out.He agreed & paid the deposit via a bank transfer he done this without using a solicitor or doing any form of conveyance he asked me a list of questions I told him I didn’t own the land very long even though in my description it says I owned it for years as I made a mistake in how long I owned the land in the listing I gave as much information as I possibly could to give the different options the land could be used for even using the previous edit owners information they used the land for in my eBay description although I copied there words. he was more than happy to continue In fact he said it was just what he was looking for.I advised him to get his solicitor to instruct searches etc even though I already had recent searches & even offered Them to him to save him for a small fee he refused.in the meantime I instructed my solicitor to take care of the sale.The buyer wanted to keep the costs down & didn’t want to fully instruct a solicitor of his own instead he wanted to use a friend who is a solicitor but informally.I then find out he changed his mind to continue with the purchase but then decided to use any excuse to avoid paying the balance including saying I lied about my length of ownership & used this as an excuse to avoid paying the balance.?In the meantime he was also continually emailing my solicitor to the extent that I had to reply untold untold emails & phone calls which incurred even more costs he was even threatening .I lost at least 2 buyers on eBay through him wasting my time he then threatened to take me to court if I didn’t reimburse the deposit he also said he would not pay a penny in costs.So I decided to withhold his deposit He has issued me with a claim to get the deposit back on the bases of description on my eBay listing.However I have spoke to eBay legall department they advise me I done nothing wrong & im within my rights to withhold the deposit as eBay is an online auction site & bidders should only bid if they are 100 percent certain they want to buy in fact eBay advised me it is entirely the the responsibility of the buyer/bidder to do there own enquiries prior to bidding as a bid is classed as a contract regardless of description.Im in the process of making a counter claim to get the buyer to complete on the purchase.Can you advise me what I can do.Im determined to hold the deposit but what chances do you think I have to make a counterclaim to get the buyer to complete on the purchase.I thinks it’s a clear case of buyers remorse as once he done a land registry search & realise how little I payed for the land and how very recent I purchased it he used every excuse to not to proceed and constantly threatened me to give him his deposit back.ebay is an online auction site bidders should only bid if they want to buy..please can you give me you opinion

    Reply
  • james 23 January, 2:58 pm

    hi everyone,i signed a contract with an estate agent to sell my business,a week later the landlord changed the locks and we lost the business,i told the the agent that we no longer had the business so there was nothing to sell,yet still i was been harassed by debt collectors etc threatening me with this that and the other,at the time while i was signing iwas told by the agent that i would have to pay half the initial fee for the business to go LIVE on their website,i told him that i didnt have the money to hand and would try to pay him next week,anyway you know what happened next. now i am been taken to a small claims court 4 years later and are pursued for more than 8 times more than the inital fee, i reckon i have a shout at this claim against me.any help would be much appreciated,

    Reply
  • Gillian 8 March, 11:16 am

    Hope you can help I had a magazine ring saying to me about putting a section about my company in there production. I emailed saying yes please book. Nothing was signed. Due to finances I am unable to complete. They are now saying to them it’s a contract even if nothing signed. So I have to pay. Am I in my rights to refuse as iam a nursery and reduced funds . Thankyou

    Reply
  • Sarah-jane 25 March, 9:08 pm

    Hi I’m needing some advice please

    I recently sold a salon and in the salon I had two sunbeds on a lease to own basis, the new owner was happy to take over the lease on the sunbeds the sale of the salon went through before he actually signed the lease for the sunbeds but he give me and the leasing company his word he would sign, he carried on paying of them each month, now a couple of months in he’s closed down the salon and stopped paying for the sunbeds, now the leasing company are asking me to pay the outstanding amount that is left on the beds, I’ve tried getting in contact with the new owner but can’t get hold of him. I’ve spoken to the leasing company but they said they wont chase him for the money because it’s my name still in the lease! Even tho he has told the company he’s gonna be selling the sunbeds so they know fully what is going on, I really don’t know where I stand!!!! Help???

    Reply
  • Denise Wiles 28 May, 10:50 pm

    Need to talk about a so called legally binding agreement that is associated with Shpock. Would appreciate your comments. Thank you.

    Reply