Cold caller sold me advertising over the phone

[neveragain1]

Hello
I am new to this. I'm am so distressed. I was approached to advertise with someone who gave me a deal to good to miss. At no point in the conversation was any terms and conditions discussed. They rang me, the next day I had an invoice and a phone call wondering where their payment was. So I enquired where my advert was, I got told someone would ring in 2 -3 weeks. No-one rang. I rang them to query it, they said they would get back to me in 2-3 weeks. So after being patient I thought I would inform them I wish to cancel the ad because too much time had passed. I was told I cannot cancel...terms and conditions. I was bombarded by phone calls I had to ignore in the end. I asked them to send any correspondence in writing as I was too busy to leave a client to speak to them. All my emails got sent back to me. A week passed with nothing, no phone calls, no emails then this morning I receive a debt collector letter. I have never in my life had a debt collector letter. Needless to say I feel sick with worry. In the terms and conditions that were NOT mentioned it basically says they will do advert when they want, you cannot cancel and if you do you will be hassled by debt collectors. Apart from suicide how do you deal with this?

 

[ALewis]

Hi neveragain1
If debt collectors visit or send you a letter (which I highly doubt they will - considering you haven't mentioned cancelling payments etc - not to mention that a contract without terms is not a contract at all), you just tell them that the 'debt is in dispute'.
Once you say this, they cannot continue with any processes until further notice.

I assume you agreed to this contract as a business and not as a consumer?

 

[neveragain1]

Hi

I was asked for money but never actually paid any. Ive had 1 debt collector letter saying final demand - its actually the only demand Ive had, giving me 7 days to pay.

 

[ALewis]

Is this a consumer contract or a business contract? (Im assuming its business mind you)...........?? (Bloody 100 characters lol)

 

[neveragain1]

Business.

Thankyou for your replies so far. Im trying to make 100 characters!

Please tell me I can get out of this, I'm worried sick.

 

[ALewis]

Ok, well unfortunately theres so much less in terms of rights for businesses, however take a look at some of these definitions which apply for consumer and business contracts:


Unfair terms - some terms are made unfair by legislation and will not be enforced by the courts and may even be interpreted against the person who included them in the contract. The legislation mainly protects consumers, but can also apply where there is a business-to-business contract in which one party is significantly more powerful than the other.

Implied terms - are terms and clauses that are implied in a contract by law or custom and practice without actually being mentioned by any party. Terms implied by custom and practice can always be overridden by express terms, but some terms implied by law cannot be overridden, particularly those relating to consumers.

Express terms - the terms actually stated in the contract. These can be the written terms, or verbal ones agreed before or at the time the contract is made.

Consideration - in a contract each side must give some consideration to the other. Often referred to as the quid pro quo. Usually this is the price paid by one side and the goods supplied by the other. But it can be anything of value to the other party, and can be negative - eg someone promising not to exercise a right of access over somebody else's land in return for a payment would be a valid contract, even if there was no intention of ever using the right anyway.

Conditions - major terms in a contract. Conditions are the basis of any contract and if one of them fails or is broken, the contract is breached. These are in contrast to warranties, the other type of contract term, which are less important and will not usually lead to the breach of the contract - but rather an adjustment in price or a payment of damages.

Breach of contract - failure by one party to a contract to uphold their part of the deal. A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in breach.

Acceptance - the unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party.

Arbitration - using an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance.


We (or I atleast) have no knowledge of business laws, that's not what I do. However if I was looking at this in terms of a consumer contract: they can't add any terms after the contract has been made (ie the bit where they say they'll take as long as they like). This term would also be illegal and non-enforceable at a court hearing.
However, as you have stopped any payments (which naturally you would), you are in breach of contract (as are they by not providing the service).

In a consumer situation it's always advisable to continue payment and then take THEM to court to claim back your money. Of course this isn't set in stone, as a judge will look at the case from both sides of the story.

My suggestion to you would be to raise the issue with them in a letter, tell them that they did not notify you of any terms at the point of agreement, nor can they add any terms after the contract has been made.
State that you are prepared to attend arbitration or a court hearing if necessary over this.
State that you'd like the contract to be rescinded.

Send the letter by a recorded means and keep a copy of it (should you end up going to court / arbitration.

Also because I really am basing this as a consumer thing (because I know very little in business law) - I'd pop down to citizens advice, they'll have all the resources to help you.

I'm sorry i don't know any more - if any other advisers here know about business law, please jump in.

Adam

 

[neveragain1]

so basically Im knackered. They are going to hound me for money I dont owe and make my life a misery. Its illegal and immoral.

 

[neveragain1]

Adam, thankyou so much for trying to help. My head is 'done in' with this. Would you recommend me contacting the debt people to find out exactly what the advertising people have said or should I just ignore the letter? Move house? I am an emotional wreck thanks to these scammers!

 

[ALewis]

I would just go to Citizens Advice tomorrow. You can get in touch with the debt collectors, tell them that its in dispute.
But all I can say is go and get some proper advice.
I'm sure there'll be business-to-business forums somewhere on the web, but I really would be irresponsible to advise you on an area I'm not educated in.
I'm sorry but I can't do anymore, it's not my field. Citizens Advice is free, and you can generally just go and walk in between 9am-noon with no appointment. Where you live, they may be open 9-5 with no appointment. All you can do is go ask them.

Adam