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Sole Trader contract problem


Agnot
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I’m a Sole Trader who works from home.

I was recently contacted by a company by phone that offer a web based networking service, it sounded interesting so I agreed to meet one of their representatives at a Costa in the City Centre.

He told me of all of the benefits that being a member of the site would give me. He told me that he was giving me the best possible deal along with... they were a company that could be trusted etc. etc.

I signed up for the service. When I returned home and went onto the website I realised that they were charging me an extra £80.00 more than everybody else.

I called the rep and told him about this he said that he wasn’t aware of the price on the website and that if that was the case then he would match that price.

 

I felt as if they were trying to con me and the only reason they were going to match that price is because I had seen it on their website.

 

The reps boss then called me the next day and was, I felt, quite rude and threatening saying that I had to pay the money otherwise he would start issuing court proceedings.

I mentioned to him that I have a cooling off period and I was letting him know that I wished to cancel the agreement. He told me that I didn’t have a cooling off period and that I would have to pay. I emailed them saying I was cancelling.

 

About two days later the rep called me and said that he was sorry about all that had happened and told me to tear up the contract. He said that he only wanted customers that trusted him 100%.

 

About a week after that I received a letter from a solicitor saying that I had signed the agreement on the 28th of November and that I would have to pay £276.00 +VAT by the 18th of December or they will take me to court.

 

As a sole trader do I not have a cooling off period? Does the fact that he didn’t offer me the best deal make a difference? Do I have to pay for a service that I haven’t had?

 

Any help would be appreciated.

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I'm not sure if businesses get a cooling off period, someone else may know. I don't think the £80 increased fee for you makes a difference per se, assuming you knew what your price would be I don't think it's affected by the fact you could have got a cheaper deal.

 

Now, I think there's an argument to be had about the rep saying he wanted to "tear up the contract". Contracts can be discharged by agreement. What exactly was the content of that discussion?

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Hello there.

 

We had a recent thread by a sole trader talking about cooling off periods. I don't think we've had a definite conclusion, but it may give you a few pointers.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412104-Verbal-agreement&highlight=sole+trader+cooling+off

 

HB

Illegitimi non carborundum

 

 

 

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I'm not sure if businesses get a cooling off period, someone else may know. I don't think the £80 increased fee for you makes a difference per se, assuming you knew what your price would be I don't think it's affected by the fact you could have got a cheaper deal.

 

Now, I think there's an argument to be had about the rep saying he wanted to "tear up the contract". Contracts can be discharged by agreement. What exactly was the content of that discussion?

 

Thanks for the reply. The Rep rang me and apologised for the mis understanding and said "you can tear up that contract and forget about it". although it's his word against mine if he decides to deny it, the call wasn't recorded.

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Hello there.

 

We had a recent thread by a sole trader talking about cooling off periods. I don't think we've had a definite conclusion, but it may give you a few pointers.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412104-Verbal-agreement&highlight=sole+trader+cooling+off

 

HB

Thanks for your comment. The other thread was a verbal agreement, I stupidly signed a bit of paper. I presumed I had a cooling off period because I was a sole trader and therefore had consumer rights. I'm not so sure now.
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Hi Agnot

 

Please be patient, I am sure our caggers will be along to give you advice.

 

Could you please clarify what the document was that you signed?

 

Does that document have any wording to a cooling off period?

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Thanks for your comment. The other thread was a verbal agreement, I stupidly signed a bit of paper. I presumed I had a cooling off period because I was a sole trader and therefore had consumer rights. I'm not so sure now.

 

But if you're a sole trading acting in the course of your business then you're not a consumer.

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