Contract Query

[Bluesky67]

Basically I have been conned by an energy company in relation to my new business I have recently opened. They say they have a Contract with my via a Verbal Agreement which was recorded. I am desperate to find a way to get out of this as it could potentially sink my business with their extortionate rates.

The business is made up of two owners, myself and one other. So I am thinking of taking myself off of the Lease and off of the Company name itself leaving one Director who has not had any dealings whatsoever with the energy company therefore hoping the Energy Contract will become void.

However I obviously need to establish who the Contract is with - myself or the business itself. After the so called 'verbal agreement' they emailed through two documents:- a welcome letter with what looks like Contract Particulars attached and then a separate set of Ts and Cs.

The Ts and Cs make no reference to our business or any of our names and are just generically produced for every client of theirs.

However the covering letter is addressed to my name and my company t/a the name of the shop. But the Contract Particulars only refer to my name and the address of the shop - not the name of the shop or the name of the business anywhere in the Contract Particulars.

From the above can you advise who you believe the Contract would be with? And if the above point of me taking my name off of the Lease and Company would void the Contract?

Thanks guys for the help in this extremely desperate situation of mine.

 

[NickGrogan]

Taking your name off as a director and/or off of the lease wouldn't void the contract. You were able to make a contract at that time and so its valid.

How would you feel if your customers tried to do the same thing to you, pretty unhappy I'd guess.

Which supplier is the contract with and who is the current supplier of the property?

Happy to discuss via PM, but please remember that B2B contracts normally don't have a cooling off period.

This applies to utilities, telecoms. credit card processing and almost everything else.

As a rule, I never enter into verbal contracts for anything and don't use them in my business.

 

[Mark T Jones]

You can't void a contract by simply removing yourself from a lease

As per your other post on this matter, it will boil down to their recording of the verbal contact and actions taken by you

Sending you a letter and T & Cs doesn't constitute a contract - did you take any other action to initiate or agree the contract?

Beyond that, I'd refer you back to my previous answer

 

[MikeJ]

If that's the first time you've seen the T&C's, I'd be finding things in there I didn't like and rejecting them.

 

[NickGrogan]

If that's the first time you've seen the T&C's, I'd be finding things in there I didn't like and rejecting them.

Wont make any difference as he has already agreed to all the terms and conditions in the recording.

 

[MikeJ]

Well, we don't know that (unless you're the other party in this case).

How can he agree to something he hasn't seen?

 

[Root 66 Woodshop]

Sounds like a phone slamming situation TBH

If you remember the conversation but didn't actually agree to anything then the phone conversation will involve getting you to say certain words, such as YES, OK, Thank you and they'll re-record the conversation and stick your replies in their... job done.

Been happening for years.

 

[Mr D]

Sounds like a phone slamming situation TBH

If you remember the conversation but didn't actually agree to anything then the phone conversation will involve getting you to say certain words, such as YES, OK, Thank you and they'll re-record the conversation and stick your replies in their... job done.

Been happening for years.

(Makes notes about what to do to trap companies)