Cancelling a business contract before work starts
- Thread starter Louise Hill
- Start date
I would post a separate question on here regarding legality/enforceability of late fees. I’m pretty sure they aren’t enforceable- but I’m not a lawyer
beyond that, this is basically intimidation by use of quasi-legal mumbo jumbo
if it was me, as previously posted I’d call their bluff and say ‘so sue me’
beyond that, this is basically intimidation by use of quasi-legal mumbo jumbo
if it was me, as previously posted I’d call their bluff and say ‘so sue me’
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@Louise Hill I would rather one of the lawyers here commented on this, but until they disagree I think you made a mistake with your previous letter.
You said that citizen's advice said you could argue misrepresentation, and you then proceeded to write a letter that did not mention this and talked about a cooling off period.
You said that citizen's advice said you could argue misrepresentation, and you then proceeded to write a letter that did not mention this and talked about a cooling off period.
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you may well be right. But it’s done now
moving forward I’d suggest no further correspondence beyond stating that the contract was missold and please pursue as you see fit
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OP asks for help and gets 38 replies.
Then ignores them all "hoping it would go away"
OP returns and asks for advice again.
Then ignores them all "hoping it would go away"
OP returns and asks for advice again.
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@Financial-Modeller to be fair the replies did disagree with each other quite a bit.
She also did not do nothing, she sent the wrong reply Cancelling a business contract before work starts
She also did not do nothing, she sent the wrong reply Cancelling a business contract before work starts
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Have you actually paid anything? As the 1st post says you didn't have your card.
I suspect a judge would be quite interested I seeing their emails trying to intimidate you into paying, by saying the judge wont be interested.
The chances of them actually going to court are near to zero... they know it's a scam, they know there's no boards or advertising, and infront of a judge it all becomes clear. If they were so sure, they'd fire the papers out and see you in court.
Are you a sole trader or Ltd co? As there may be a cooling off period, and different pre action protocols if they do go legal.
Personally I'd be blocking their emails, phone numbers, and bin anything other than court papers, and say nothing more.
But that's just me... and not legal advice
I suspect a judge would be quite interested I seeing their emails trying to intimidate you into paying, by saying the judge wont be interested.
The chances of them actually going to court are near to zero... they know it's a scam, they know there's no boards or advertising, and infront of a judge it all becomes clear. If they were so sure, they'd fire the papers out and see you in court.
Are you a sole trader or Ltd co? As there may be a cooling off period, and different pre action protocols if they do go legal.
Personally I'd be blocking their emails, phone numbers, and bin anything other than court papers, and say nothing more.
But that's just me... and not legal advice
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Stonewall them, do not respond to anything they say or do.
They know they are conmen, they've been doing this for years, they will not go to court as they will not want the law anywhere near them. They will give up and turn their attention to another, easier mark.
They know they are conmen, they've been doing this for years, they will not go to court as they will not want the law anywhere near them. They will give up and turn their attention to another, easier mark.
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- Original Poster
- #49
Thank you all for your replies, I am very grateful for all the advice and help you are giving me. I have not ignored any of your replies at all, I have not wanted to bother you all with anything more until I heard back from this company... it has been a while so yes I was hoping that it would just go away... for those asking, no I have not paid them anything and really want to take a stand with this. I am going to try to get hold of the hospitals tomorrow and see if they know of this company at all... I am inclined to agree with you guys and take a stand, but I am scared to accumulate more costs as they say they will charge me £50 per week that I don't pay plus interest..
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Please don't do anything.
Anything you do gives them something to work with, emails, taking a stand, contacting the hospital, phone calls, all the time you are still engaged in someway they will keep at you. If you don't respond and do just do nothing, they have nothing to work with and they will move on.
Yes expect more letters and emails, the tone of which will increase and become more threatening, stand your ground and ignore them, it will stop.
Anything you do gives them something to work with, emails, taking a stand, contacting the hospital, phone calls, all the time you are still engaged in someway they will keep at you. If you don't respond and do just do nothing, they have nothing to work with and they will move on.
Yes expect more letters and emails, the tone of which will increase and become more threatening, stand your ground and ignore them, it will stop.
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When this scam started a few years back I was selling advertising on a local newspaper. Several customers of ours gave it a try, realised they'd been had and took it upon themselves to systematically but discreetly empty the stands of cards. Using photographic evidence that the stands were never refilled they found the get out clause that wasn't evident when they signed up. 
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I see from Unique Advertisings Terms and Conditions: You warrant, undoubtedly that the feature does not promote, or is in any way connected, to the sale or promotion of any goods or services relating to illegal drugs, being of a sexual nature (whether pornographic or otherwise) or would otherwise be contrary to public decency or in contravention of any law.
I'd prepare the copy for your beauticians advert with the heading;
Sack, Back and Crack etc.,
Not pornographic or sexual in contravention of any law, but most likely not the sort of thing a hospital would like on display in their waiting room.
I'd prepare the copy for your beauticians advert with the heading;
Sack, Back and Crack etc.,
Not pornographic or sexual in contravention of any law, but most likely not the sort of thing a hospital would like on display in their waiting room.
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- Original Poster
- #59
I see from Unique Advertisings Terms and Conditions: You warrant, undoubtedly that the feature does not promote, or is in any way connected, to the sale or promotion of any goods or services relating to illegal drugs, being of a sexual nature (whether pornographic or otherwise) or would otherwise be contrary to public decency or in contravention of any law.
I'd prepare the copy for your beauticians advert with the heading;
Sack, Back and Crack etc.,
Not pornographic or sexual in contravention of any law, but most likely not the sort of thing a hospital would like on display in their waiting room.
good idea thanks although I am not planning on preparing any advertising material for them or dealing with them
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- Original Poster
- #60
Just to update you all, i have since blocked their calls and emails, he tried to speak to me again today on a new number and i just said i have spoken to you about this and put the phone down. he then sent this email..
Dear Louise,
Thank you for taking the time to speak with me briefly today.
We have spoken with Companies House and have obtained your registered office address of 1 Gemini Court 42a Throwley Way Sutton Surrey SM1 4AF. However, after speaking with the property, we are aware this is not the office you use to work out of as your home address is where you do your business from. As such, if we are unable to resolve this situation then we will have no other choice than to have bailiffs come to your property to collect the full amount of your outstanding balance, including all legal cost and late fees which will be added onto your Account. Of course, we will first take this matter to Court and obtain the relevant documents which will allow us to do so if you continue to refuse to pay your debt. We will not wait 7 years to allow your debt to be written off, we will move quickly once your advert is live to take the matter to Court (this only costs us B#40 to initiate which will also be added onto your balance) and we will push for all monies owed.
Again, we would rather work with you, but we need to be clear for the avoidance of doubt about what steps we will be taking next. This is going to become a very serious legal matter and you will be held fully liable. I am sure you do not wish for your neighbours to see bailiffs coming and removing goods from your property, but you are leaving us with very little choice here.
Please give this your urgent attention and come back to me or we will have no choice but to commence with Legal Proceedings.
Kind Regards,
Michael Holmes
Customer Service Manager
Dear Louise,
Thank you for taking the time to speak with me briefly today.
We have spoken with Companies House and have obtained your registered office address of 1 Gemini Court 42a Throwley Way Sutton Surrey SM1 4AF. However, after speaking with the property, we are aware this is not the office you use to work out of as your home address is where you do your business from. As such, if we are unable to resolve this situation then we will have no other choice than to have bailiffs come to your property to collect the full amount of your outstanding balance, including all legal cost and late fees which will be added onto your Account. Of course, we will first take this matter to Court and obtain the relevant documents which will allow us to do so if you continue to refuse to pay your debt. We will not wait 7 years to allow your debt to be written off, we will move quickly once your advert is live to take the matter to Court (this only costs us B#40 to initiate which will also be added onto your balance) and we will push for all monies owed.
Again, we would rather work with you, but we need to be clear for the avoidance of doubt about what steps we will be taking next. This is going to become a very serious legal matter and you will be held fully liable. I am sure you do not wish for your neighbours to see bailiffs coming and removing goods from your property, but you are leaving us with very little choice here.
Please give this your urgent attention and come back to me or we will have no choice but to commence with Legal Proceedings.
Kind Regards,
Michael Holmes
Customer Service Manager
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Which reinforces my belief that they won't take any action. This isn't the process of a professional legal department, it's scare tactics
Stick to your guns.
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Yes its scare tactics and probably works often enough they keep using it.
Sheesh, talk about unprofessional. So many ways to be professional and threaten without coming across like idiots.
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As has been mentioned previously there is no way they pursue this through the courts.
I would be inclined to send a cease and desist letter with regards to contacting you directly and any further contact should indeed be done through a court of law.
Again, they won't go through court. Their whole business model is exactly this. Not providing advertising for you. Enough people will be scared into paying them, don't be another one.
I would be inclined to send a cease and desist letter with regards to contacting you directly and any further contact should indeed be done through a court of law.
Again, they won't go through court. Their whole business model is exactly this. Not providing advertising for you. Enough people will be scared into paying them, don't be another one.
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Yup, it's bullshit. Next step will be a scare-o-gram from a paralegal at a two bob law firm.
It's a nightmare taking someone to court for a small amount. I had an open and shut case- paid an invoice for for something, it was never delivered. Chased for three months, gave weeks notice and issued small claims. Takes months, and they are constantly trying to get you to go to mediation. In my case there was absoloutely nothing to mediate.
The bastard made an offer to settle (full amount plus my fees) a day before the court case. Cost me more in time than the amount, but it's the principle and as I was the other side of the country I couldn't just pay him a visit.
It's a nightmare taking someone to court for a small amount. I had an open and shut case- paid an invoice for for something, it was never delivered. Chased for three months, gave weeks notice and issued small claims. Takes months, and they are constantly trying to get you to go to mediation. In my case there was absoloutely nothing to mediate.
The bastard made an offer to settle (full amount plus my fees) a day before the court case. Cost me more in time than the amount, but it's the principle and as I was the other side of the country I couldn't just pay him a visit.
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Can they do this? Can they decide where the business is based if not obvious?
Also, as a Limited Company working as a home beautician i'm guessing you don't have bundles of expensive equipment for the bailiffs to seize?
That's underhand to say the least.
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They also conveniently forgot that they would need a title to the debt in instruct bailiffs. Which means going to court. Which they won't do.
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Slightly concerned here that there's 'sole trader' and then reference to Companies House, but in reality, no one has even seen the contract.
Given the concerns does OP have a copy of the contract that's been signed, because clearly the name on the contract could be crucial in determining if they even know who they're 'taking to court'
Given the concerns does OP have a copy of the contract that's been signed, because clearly the name on the contract could be crucial in determining if they even know who they're 'taking to court'
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T
The Byre
It is not even grammatically correct. No person with even a modicum of legal training makes a series of grammatical mistakes. Laws and all legal processes are all about language.
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Sadly many solicitors are educated in the state babysitting service known as schools. Their language didn't improve with the use of word processors and still has issues these days.
For whatever reason they aren't recruited based on their language skills. Perhaps other skills are relevant for them.
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- Original Poster
- #73
I think that they have supposedly made me an advert which i instructed them NOT to do as i had no intention of paying in the beginning, they sent me some files via WETRANSFER which i did not open, i have been bouncing all their mails and not replying to acknowledging anything. ~I have not seen anything, I am just going to sit tight and see what happens. It is scary to be honest but i am not going to be bullied into paying them... thanks for your help i appreciate it.
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- Original Poster
- #74
actually i am a sole trader with this business, and work from home with nothing much a bailiff could take if it was to try to take business property... I also have another business which is a ltd company, which is registered to the address they mention, i don't think they know whats what, i am sure i will be getting lawyers letters next and who know if they will try to take me to court.... thank you for your help
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- Original Poster
- #76
Yes i do have a copy of the contract, i don't think i can attach it anywhere here for you to see but the name on the contract is, my sole trader name.. if you saw the terms and conditions you would be shocked! I did not see the terms and conditions before i signed the contract, they shoved their ipad infront of me and pointed to there and there and said sign... yes i know i am stupid and i should not have signed but i did... when they sent the t&cs i tried to cancel and this is where it all began, thankfully i never paid them anything.. thank you for your help.
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Not sure why others think no action will be taken, its not about right or wrong its just about the law and you signed a contract to say you would pay. and the only letter that will make any difference is the letter from the court not a warning letter from the company
Do I feel sorry for you Yes, but that's not a defence
My own question would be can they prove they made a loss and would that make any difference to the courts decisions
Do I feel sorry for you Yes, but that's not a defence
My own question would be can they prove they made a loss and would that make any difference to the courts decisions
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If the debt really is against you as a sole trader then they cannot take anything from the Ltd Company and should not be threatening to do so. Looks like just another indication that they are trying it on. Let them try and take the Ltd to court and see what happens when there's not even a hint of a contract in place. I doubt the judge will look very kindly on them, if it even got that far.
I'm still puzzled as to why they would even look on CH if you are not using the Ltd company name in dealing with them. Are you sure you aren't dealing with them through your Ltd Co, even if you mentioned it unwittingly? What does the paperwork say?
I should have said don't post it in the first place
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