do verbal contracts stand in court?

debibrowne

I dont know if this is the right area to ask but I just got a letter from a coach company stating that I didnt cancel so now have to pay the full cost. The coach was cancelled and I signed no contract so I dont know where I stand or what to do. They are threatening me with court action now and as a parent of 3 Im not exactly flush and this is making me nervous as I dont know my rights, They stated they emailed me but upon checking It got sent straight to my spam so I havent noticed it (who checks there spam!!) and they are also saying I have refused to answer their calls of which I have received none. Anyone able to give me any advice?? Debi x

alistair.long

You state a coach was cancelled.

Did you book the whole coach?
What agreement was in place before hand?

Why do they want the money from you ?

are you saying that your ticket was cancelled and you went on the service and they want the money?

debibrowne

I booked a 16 seater coach to pick us up and take us to doncaster for the evening. The coach was cancelled after a conversation I had with who I thought at the time to be the owner (not so sure now) who asked if it was definately booked as he had double booked. I replied no as I believed nothing was set in stone and he replied that was fine everyone was happy. So even though I didnt mutter the immortal words its cancelled by the conversation we had I believed it was as he told me he double booked! It was all done over the phone, no deposit was taken, no paperwork signed. They claim they phoned me the evening we were supposed to be going but I have had no missed calls etc. x

Apples2

So did you even have a booking in the first place for this coach or not?

No deposit, no paperwork??

hippyadam

So you phone up sometime ago & book a coach. No paperwork is signed or correspondence entered into (ie you didn't respond to the email).

You then phone up to cancel, coach people say that's fine as we had double booked anyway.

Time passes (how much?) and suddenly they are threatening to sue you for lost revenue?

My advice, ignore the threats about court. No paperwork, no chance it's a case of "he said, she said" and that wont convince a judge.

Seems strange they are threatening you though, amazing customer service!!

erdd2

I agree with hippyadam, this seems like a "chancer" outfit. The e-mail may however contain something needing consideration/pre-empting, that it went to your spam box, you are seen as responsible for your filter settings.

And what loss can they claim, they said they were double booked!

vax2002

Ignore them.
They will go away eventually

pitkin2020

Verbal contracts can stand up in court but it really does come down to he says she says so they rarely stand up if both sides offer a good defence.

Did you use a mobile or landline when calling?? IF you can prove you called them you could use that as evidence for cancellation!! Whether or not you called to cancel or confirm unless they recorded the conversation they can't prove either way.

If it were me i'd just reply to them in an email stating that you had called to cancel and it had been accepted over the phone as they had double booked anyway. If they wish to take it further you welcome seeing them in court!!

skintandscared_2

pitkin2020 wrote: »

Verbal contracts can stand up in court but it really does come down to he says she says so they rarely stand up if both sides offer a good defence.

Did you use a mobile or landline when calling?? IF you can prove you called them you could use that as evidence for cancellation!! Whether or not you called to cancel or confirm unless they recorded the conversation they can't prove either way.

If it were me i'd just reply to them in an email stating that you had called to cancel and it had been accepted over the phone as they had double booked anyway. If they wish to take it further you welcome seeing them in court!!

I would definitely NOT send them an email acknowledging that I'd ever made the booking and trying to explain that I'd cancelled!!!! You would be handing them written confirmation that you had actually made a booking in the first place!