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Heath Buchanan and Wells

How binding is a supposed telephone agreement? I have not signed anything but they are telling me that I have exceeded the 7 day cool off period for a purchase though I had not received anything by post until Friday (10 days after they first contacted me).
They say that if I do not go ahead with the purchase they will take it to the debtors to get their money off me.
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A telephone agreement is binding.
    The only problem might be agreeing who said what, but if they have recorded the calls that problem goes away.

    What have you bought?

    If it is an item covered by the Distance Selling Regulations, then you have seven working days to decide whether you want the thing or not. Those seven days start on the day after delivery.
    As you received the goods on Friday, today is the first of those seven days.
  • toffe
    toffe Posts: 431 Forumite
    edited 13 December 2010 at 6:34PM
    hi, i don't really understand your op which is likely the reason no one has replied, could you give a little more details?

    what is the money they want from you? what was it for? (i.e. purchase from xxxxx)

    why has it not been paid? (i.e. disputed agreement/sale etc)

    just paint a slightly clearer picture of whats has happened so far and we may be able to help, certain telephone sales calls can be binding but you should have a cooling off period, if the details of how to cancel were not explained to you in the call but instead sent to you in writing then that cool off period can only start from the date you receive the documents explaining how you cancel the agreement.

    edit: Note: the above part about documents really relates more to the selling of services, insurance etc, obviously with goods the 7 days starts from receipt of the goods.
    ......"A wise man once told me don't argue with fools because people from a distance can't tell who is who"........
  • Thank you both for your very useful answers. It is actually for an advert in a Yearly Planner for Domestic Violence to appear in Northamptonshire. I have asked to see a copy and to know exactly what the outlets are where it will be distributed. I am waiting for an answer to this.
    I agreed on the phone apparently on 1/12 and I didn't receive any documentation relating to it until 10/12 by which time I had thought better of it.
    I have had some communication with them this afternoon which was helpful, but I am still concerned that the yearly planner might not actually exist as their website is very poor.They said I could see copies of previous issues on the site but unless I am being blind, I can't find it. I tried to include the link for you, but this site here won't allow me to do so as a new user. However if you type in h-b-w.co.uk you should find it.
  • dinglebert
    dinglebert Posts: 1,231 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 25 January 2011 at 11:01AM
    [TEXT DELETED BY FORUM TEAM] Why on earth do the police allow people to plan their domestic violence up to a year ahead? Surely they should stop it and not encourage it?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 25 January 2011 at 11:02AM
    OP, you might be interested to note that this company appears on a list of firms being monitored by The Advertising Protection Agency (TAPA).

    [TEXT DELETED BY FORUM TEAM]
    It is quite long but worth reading closely.
    HTH
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    edited 25 January 2011 at 11:10AM
    Thank you both for your very useful answers. It is actually for an advert in a Yearly Planner for Domestic Violence to appear in Northamptonshire. I have asked to see a copy and to know exactly what the outlets are where it will be distributed. I am waiting for an answer to this.
    I agreed on the phone apparently on 1/12 and I didn't receive any documentation relating to it until 10/12 by which time I had thought better of it.
    I have had some communication with them this afternoon which was helpful, but I am still concerned that the yearly planner might not actually exist as their website is very poor.They said I could see copies of previous issues on the site but unless I am being blind, I can't find it. I tried to include the link for you, but this site here won't allow me to do so as a new user. However if you type in h-b-w.co.uk you should find it.
    If you asked for information, then to me quite clearly, you did not place an order. You need to be clear in your own mind about whether you placed an order. No doubt thios will get messy, so you need to be quite clear about having not placed an order and write to them. Keep a copy - it could be valuable if it gets taken to court.

    Dear <TEXT DELETED BY FORUM TEAM>

    I refer to your threats concerning an alleged order for <service> which you claim I placed with you.

    I would advise you that in the telephone conversation on <date>, I expressed interest, but requested further information before committing. To date, no further information has been forthcoming.

    I would advise you that your apparent business method of alleging a sale where no such agreement exists is unacceptable. For the sake of clarity, please understand that now you need not send any of the information I requested, I shall not do business with you.

    Of course, if you feel that your case has sufficient merits for you to take it to court, please forward your evidence for a sale having been made. I shall treat you fairly, but otherwise, I consider this matter closed

    Yours faithfully

    Danceschool


    Please, if this situation ever arise again, do be very clear in your own mind as to whether you have committed to buy or not. I would hazard a guess that you are a bit less than clear about it and this is what they are trading on.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Thank you for all your replies. I am pleased to say the matter is now resolved. A representative of the business concerned rang me to explain the situation clearly. There had been an error on their part which they fully acknowledged and the cancellation was able to go ahead without any further complication.
    The matter was dealt with in a very professional way, and I would feel confident to place and order with them in the future.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    edited 25 January 2011 at 11:06AM
    Thank you for all your replies. I am pleased to say the matter is now resolved. A representative of the business concerned rang me to explain the situation clearly. There had been an error on their part which they fully acknowledged and the cancellation was able to go ahead without any further complication.
    The matter was dealt with in a very professional way, and I would feel confident to place and order with them in the future.
    [TEXT DELETED BY FORUM TEAM]

    The only reason you got anything was because you came on a public forum. Well done for putting them in their place. It does stick in the throat that they extracted this wording.

    [for the record this is about an advert in a Yearly Planner for Domestic Violence to appear in Northamptonshire.]
    Thank you both for your very useful answers. It is actually for an advert in a Yearly Planner for Domestic Violence to appear in Northamptonshire. I have asked to see a copy and to know exactly what the outlets are where it will be distributed. I am waiting for an answer to this.
    I agreed on the phone apparently on 1/12 and I didn't receive any documentation relating to it until 10/12 by which time I had thought better of it.
    I have had some communication with them this afternoon which was helpful, but I am still concerned that the yearly planner might not actually exist as their website is very poor.They said I could see copies of previous issues on the site but unless I am being blind, I can't find it. I tried to include the link for you, but this site here won't allow me to do so as a new user. However if you type in h-b-w.co.uk you should find it.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Browntoa
    Browntoa Posts: 49,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TPS is free

    TAPA

    If you do not wish to pay the monthly administration fee of £8.22+VAT to TAPA by way of credit or debit card you can make payment in full for the minimum membership term by way of credit or debit card (£98.64+VAT).
    Ex forum ambassador

    Long term forum member
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    Browntoa wrote: »

    TPS is free


    Seconded.

    Highly recommended.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
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