Help!!

pilot25dmc

I enquired online with a company who make flags to design me a flag.

They sent me a quotation online for the flag with a picture of it for me to agree that it was what I wanted, I said 'yes thats fine, please send payment request'.

The then sent me a paypal money request.

I decided I did not want the flag made as I had found a cheaper company to make it for me and therefor did not pay the money request.

I received an email today asking me to pay for the flag or I would be taken to court. I replied that I did not pay for any flag to be made and that if they made the flag before I paid for it then they made the mistake.

They again sent me an email saying they would take me to court to recover the money (£89) if they did not get payment before Friday 21st May.

My question is, can they take me to court?

I simply told them that the design they gave me was correct 'yes thats fine', I did not agree to have the flag made as I did not pay for it, I didn't sign anything so never entered into a contract with them.

I just want to know if they can actually take me to court or not over this or are they just trying to scare me into paying for something I don't want.

Cheers.

Alistair.

bbelt

where are you and the trader based?

will have a impact on the answer.....

pilot25dmc

They are in England I am in Northern Ireland.

bbelt

tell them to take a big run and jump!

pilot25dmc

Thats good news but can you explain why? I already had a feeling that this was the case but anytime anyone mentions 'court action' it scares me senseless.

Equaliser123

I disagree with the previous advice. You made an enquiry. You received a quotation. You asked them to proceed. You are now not willing to pay them.

A contract was made and you are liable to them for the (agreed) price. Your comment: "I did not agree to have the flag made as I did not pay for it, I didn't sign anything so never entered into a contract with them." is wrong in law.

Weirdlittleman

Yes they can take you to court and will more than likely win.
You clearly advised them that the design and price was fine and to go ahead and request payment.

They did so and you then changed your mind. DSR etc dont apply as it was customised

I would suggest you have clearly breached the contract and are liable for their losses as a result.

pilot25dmc

Right ok, but...

They went ahead and made the flag before I even paid for it? If I went to get a bespoke wooden bed made they would expect me to pay a deposit or sign a contract before they starting building it?

How are they able to FORCE me to pay for an item that I did not pay a deposit for or signed a contract for, I don't understand.

Weirdlittleman

pilot25dmc wrote: »

Right ok, but...

They went ahead and made the flag before I even paid for it? If I went to get a bespoke wooden bed made they would expect me to pay a deposit or sign a contract before they starting building it?

How are they able to FORCE me to pay for an item that I did not pay a deposit for or signed a contract for, I don't understand.

What others expect is irrelevent. Unless you made it a term of the contract that you had to pay (or a deposit) before the contract was made it doesnt matter whether you paid or not.

Contracts dont need to be signed. You made a contract then breached it. They can make you pay for it as well as their incidental losses as a result (i.e taking you to court, chasing you etc).

pilot25dmc

Oh, ok.

No problem, thanks for the clarification.

Looks like my own stupidity has cost me!

bap98189

Equaliser123 wrote: »

I disagree with the previous advice. You made an enquiry. You received a quotation. You asked them to proceed. You are now not willing to pay them.

A contract was made and you are liable to them for the (agreed) price. Your comment: "I did not agree to have the flag made as I did not pay for it, I didn't sign anything so never entered into a contract with them." is wrong in law.

According to the OP, they did not ask them to proceed with the manufacture, they only asked them to send the payment request. This is fairly standard practice in business, it's no different to requesting a pro-forma invoice. It holds no more weight than a quotation. I would say no contract was entered into.

If the manufacturer went ahead and manufactured without specific instructions to do, and before payment had been received then they are foolish. I would check exactly what you requested them to do, but if you only asked them to send the payment request, tell them to take a running jump.