Misrepresentation Act 1967

kozlikha

Hi,

I am in a bit of a tricky situation. I have signed a membership of an association based on misrepresentation and trying to get the agreement rescissioned basing it on Misrepresentation Act 1967, but the claimant that has filed a claim in small claims court states that the act only covers consumers and not professionals agreements. Isn't there any similar acts for professional agreements? Anyone?

hollydays

You need to get legal advice

Bantex_2

Businesses are generally expected to do their own due diligence before entering into contracts.

kozlikha

When I qualified I wasn't a registered business, I have just qualified and was missold this agreement by means of misrepresentation. I was just wondering if there is an act that covers professional misrepresentation matters.

Bantex_2

You could sue them if they have failed to deliver what was agreed in the contract.

kozlikha

I am not trying to sue them, they locked me into a 12 month agreement with a 12 month notice from renewal date, making it a 24 month agreement. I later realised that they misrepresented and it was too late to give notice as it could only have been given on the day I signed the agreement. They are trying to get the membership fees for the following 12 months that I failed to give 12 months notice for. And I believe that the agreement should be rescissioned as I was pressurised into signing the agreement by means of misrepresentation by the claimant. They are saying that all these acts cover consumers and that they don't cover working professionals, but I WASN'T a working professional at the time, I just qualified.

Bantex_2

What did the contract you signed say?
What was the mis representation?
Are they suing you?

wealdroam

I can't see anything in The Misrepresentation Act 1967 that says it is only for consumers.

But then, I am not a lawyer.

kozlikha

I think I just found in their own terms the weakest link, they state that a 12 month cancellation notice has to be given by means of a registered letter to be received on or before the renewal date. I both signed the agreement and finished the course on Friday 30th November at 5pm.

A) I couldn't have posted a registered letter as post offices were already closed on Friday

and

even if I could have sent a registered letter they wouldn't have received it on Saturday as they are closed on Saturdays.

I think this is the one I was looking for all this time, a get out clause.

Misrepresentation was to do with them stating that we would not receive our diplomas unless we signed up to their association, but they weren't diplomas of membership, but certificates of memberships. Diploma of qualification we would have received regardless. Basically, they referred to certificates as diplomas, confused the hell out of me and by doing so forced me into signing something I didn't need in the first place.

unholyangel

http://e-lawresources.co.uk/Misrepresentation.php

And judging by the case studies provided on the above site.....there is no such exclusion for b2b.

kozlikha

Initially I was basing it on Consumer Act 1987 (I think) and they jumped at it straight away, but now I switched to Misrepresentation Act 1967, but wasn't sure as according to Which "...The Misrepresentation Act exists to protect consumers from false or fraudulent claims that induce you into buying something, or entering into a contract and allows you to claim damages in the case of fraudulent misrepresentation..."

At the same time it doesn't state that it doesn't apply to professional contracts