The Salesman lied

[baguette]

I had a meeting with a company rep by appointment, made by his head office telesales. I have the confirmation e-mail. During his presentation he told me I had a '30 day cool down period'. After signing the agreement, I realised it wasn't going to be my benefit, so cancelled in writing as per instructions. The company are now saying there is no such thing as a cool down period, I misheard the salesman, the actions of the salesman are not the responsibility of the company, if it's not in the agreement it doesn't apply. When I told them I knew of others in the same situation, it was dismised as 'hearsay' and then that I was colluding with others 'to wriggle out of the agreement'. I was sent a bill for the outstanding 3 years of the agreement - £850 - even though I had paid the first quarter. The rep got a good commission on the deal, by fraud. No matter what regulation you throw at them, Business Protection from Miisleading Marketing Regs, Fraud Act, etc. they deny any wrondoing by them or the salesman. Trading Standards are looking into them, but even they are getting the brush off. What more can I do?

 

[OldWelshGuy]

What sort of a deal is this business or private?

 

[baguette]

It was B2B

 

[cfarnell]

Forgive me if I am wrong but this sounds like a Unicom rep?

 

[baguette]

I will forgive you, so that's another company I have to watch for! No this was for a card reader terminal

 

[cfarnell]

Lets say there is a large campaign against them, make your own judgement. Unfortunately I don't have much knowledge of things like this outside my own industry. However, just something maybe worth investigating from the telecoms that may have the same concept in the card reading industry;

Changes have been made where, if any hidden charges or contractual information that is of importance is hidden away in small print, the contract is null and void.

So if they have hidden any extra charges and that is the reason that you wish to leave them, there maybe the same terms in that industry, or likewise if the cooling off period was hidden.

Hope this helps, its just I am used to cleaning up after Unicom and sounded sooooo familiar

 

[The Resolver]

I suggest you set up a colleague to request a visit and record the conversation. If the rep offers te 30day cool off period there's your evidence that a small claims court judge would readily accept as influential on top of your own evidence.

 

[Chris Ashdown]

I got stung once by a salesman and could not prove he lied so I now have a £25.00 pen video recorder which i put in my top pocket before meeting any sales reps it records video and voice and looks like a normal pen

Happy to say I have used it quite a few times but never needed it, but still a good investment

 

[businessfunding]

I would probably pay hard-ball and refuse to pay whilst leaning heavily on the fact that you were mis-sold the contract

TBH it's 50/50 what will happen in court but quite likely they will not go that far.

I would also do what The Resolver said to add weight to your defence

 

[LMDServicesUK]

Hello

I am sorry to hear you have apparently been stitched by one of the many cowboys in our industry..

Suffice to say who was the provider ? Are you a Sole Trader or private limited co ? What exactly did you sign up for ?

If the former you are protected under the Consumer Credit act which has a seven day cooling off period which has to be clearly stated in the lease agreement

Please PM me and I will see if there is anything I can do to assist ?

Rgds

Mark

 

[Chris Ashdown]

I guess that you signed after he told you about the cancelation period and without adding it to the contract, so basically the last thing you agreed to was in signing the original unaltered contract and therefore no way out of it

If you sign outside of your premises then I think there is a defence but not if you sign in your own premises

 

[beasty]

A salesperson unless a director or with specific instructions that allow them to vary a contract cannot alter a company contract.

To use voice or video evidence, you must make it clear that the person is being recorded in advance of recording them.,

If you turn up and say you filmed it or had a hidden tape, it will not be listened to or watched.
(Sure it works for saying, look pal aint paying, but in court it would not)

 

[Latebloomer]

I got stung once by a salesman and could not prove he lied so I now have a £25.00 pen video recorder which i put in my top pocket before meeting any sales reps it records video and voice and looks like a normal pen

Happy to say I have used it quite a few times but never needed it, but still a good investment

Just wondering if recording conversations with other people without their consent is legal or not?

Not a solicitor but as far as I knew, it is illegal.

Anyway, never tried it with my patients as it is going to be the end of my career

 

[Chris Ashdown]

People are always being recorded without notice, have you been on a bus or train lately, walked along a street etc

 

[iKam]

It's legal to film in a public place although many people wouldn't like you for it.

It would be your word against theirs. The best thing is to name and shame these scumbags for having a bad business ethic. Keep nagging them with the same story they may just get fed up. Get a friend to call the same salesman and see if he repeats the cool off period script.


Whenever a salesman tells us something that we cannot see on the paperwork we always tell them to write it out on company headed paper, sign print and date it. And if that's not possible we will tell them to email is from his company email address explaining the agreed terms.

And if they cannot do that.. RUN.

 

[Maxwell83]

A salesperson unless a director or with specific instructions that allow them to vary a contract cannot alter a company contract.

This is wrong.

 

[jules12345]

You want me to take a look, email me through my site.

J

 

[PHOPLMD]

Unicom appear to have switched from telephone sales, where OFCOM wanted them to record sales conversations, to the following tactic - you are approached by cold call and told that UNICOM can save you money. Some checking appears to be done if you agree to meet a sales rep. This may be to ensure that you are a suitable "mark". The sales rep turns up and promises you the earth, but does not verbally go through the contract. If you are foolish and believe what he says and signs up, you get a call later asking if the paperwork has been left. It has been - so thats ok is it not? Only when you get the bills (even if you had a 30 day cooling off period) and discover the penalties with BT do you realise you have been conned. As there is no recording of the actual sales spiel, and you signed a document in the belief that you would save money, you are apparently stuffed. I am still going through their 5 step complaint system but fully expect this to go to OFCOM and am not confident of the result.
CAVEAT EMPTOR should be their company motto.