what makes a verbal agreement legally binding???

nekky

i entered into a vodafone contract in October 2005 (when i upgraded my mobile phone) believing it to be a 12 month contract. however i rang up vodafone today to find out when i could terminate my 12 month contract only to be told that i had verbally agreed to an 18 month contract over the phone. no documents, terms and conditions, letters, etc were ever sent to me since i got my phone in October. my question is - how is it possible for vodafone to claim that i agreed to an 18 month contract when i know that it was a 12 month one? is a verbal agreement legally binding since it is their word against mine? who do i need to take this up with cos i don't want to be tied into a contract until April 2007!!!

SenorGroucho

Verbal contracts are as legally binding as written ones. However its far harder (read near immpossible) to prove in court without taped or wittnesses evidence.
If you are absolutely certain that you never agreed to an 18 month contract then call their bluff.
It will never go to court and even if it did the onus would be on them to prove their claim

Freefall

The only problem is that they might give you a bad credit record.

In which case you might have to issue legal proceedings to have the mark removed (which can be long and costly)

Freefall

lottiegirl

nekky wrote:

i entered into a vodafone contract in October 2005 (when i upgraded my mobile phone) believing it to be a 12 month contract. however i rang up vodafone today to find out when i could terminate my 12 month contract only to be told that i had verbally agreed to an 18 month contract over the phone. no documents, terms and conditions, letters, etc were ever sent to me since i got my phone in October. my question is - how is it possible for vodafone to claim that i agreed to an 18 month contract when i know that it was a 12 month one? is a verbal agreement legally binding since it is their word against mine? who do i need to take this up with cos i don't want to be tied into a contract until April 2007!!!

Hi I ve just had the same issue with vodafone. My upgrade was Jan 2005, I had a letter saying the line rental was being increased, I decided to leave, this letter said i could end my agreement with them if i didnt accept the price increase.I telephoned vodafone & I asked for my pac code and asked the bloke if i was in contract. He said I wasn't . I received my pac code and a letter saying basically we will give you a better deal. So when i rang them to see what they could offer me they then said i had an 18 month contractand could't leave without paying to end the agreement!!! It took 3 phone calls the last one being almost 40 minutes which she ended by saying the computor had frozen!!and she would ring me back (1 1/2 hours later).The upshot of the call was they didnt tape the calls and no written agreement was held by them but the operator had said "customer agreed to 18 month contract" this was never said at the time of my upgrade. Eventually after repeatedly sticking to the facts about not being told about lenght of contract and the original chap saying i wasnt in contract and the letter saying I could end agreement she phoned back to say I could end my contract, no apologies though. They cannot prove that you agreed to the 18 month contract. Good luck . I've just got to sort out my new phone.

Micky

Horses and stable doors etc.

Always, always, always back up a verbal agreement in writing if the contract involves spending more than a few £££s. At the very least, send an e-mail direct to the other party, keep it simple and ask for the other party to confirm receipt of the e-mail.

"This is to confirm our telephone conversation of **/**/** . You have offered me ...etc.

Please confirm receipt of this e-mail"

Do not rely on the other party to record calls or make notes on files. They don't.

Good luck!