We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Mobile Contract help

Need a little advice please if possible, I am a very small business who signed a contract for business mobiles with a new company, I cancelled it two days later as I sent proof of address with 4 utility bills, they then requested a bank statement which I wasnt wiling to send. I have received an Invoice for them for 1.3k, they havent provided anything, no handsets pac codes etc, I know from this site that consumers have 14 days cooling off period to cancel, does this apply also to small businesses. I am not paying this invoice.

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nope you signed a contract consumer law is not business law .
    As you are not going to pay then you really need a solicitor to advise .
  • Happy10 wrote: »
    Need a little advice please if possible, I am a very small business who signed a contract for business mobiles with a new company, I cancelled it two days later as I sent proof of address with 4 utility bills, they then requested a bank statement which I wasnt wiling to send. I have received an Invoice for them for 1.3k, they havent provided anything, no handsets pac codes etc, I know from this site that consumers have 14 days cooling off period to cancel, does this apply also to small businesses. I am not paying this invoice.

    Hold the phone...

    So a bill for £1.3K and nothing received, sounds like error rather a dispute.. Have you spoken to the company to advise of this?

    Advise them you are disputing the invoice..

    Also you may want to take a look at Goods & Services Act, slighty different rules for B2B. Take a look at section 8 on this link
    By day: IT GURU By Night: Depends if there beer involved
    Machine: Custom Built
    Motherborad: Z87-Pro, CPU: I7 3.40 Ghz, RAM: 32 GB, OS: Win 7 Enterprise x64: Storage SSD 256 GB, 4 x 2TB Hybrid SSD drives, Graphics: Nvidia Gefore GTX 750 TI
  • Collabora
    Collabora Posts: 1,360 Forumite
    3 post by RussellWhiting all pushing the same business website. i would say clearly advertising
  • Fightsback
    Fightsback Posts: 2,504 Forumite
    edited 21 February 2015 at 3:59PM
    Collabora wrote: »
    3 post by RussellWhiting all pushing the same business website. i would say clearly advertising

    Reported as Spam, others please report as spam.

    In regard to the OP, I would seek professional legal advice on this as these mobile resellers can be really hard to deal with, a lot of ex-double glazing salesmen and ex-used car dealers are in that game so beware. Notorious for stitching you up on a long expensive business contract. Some options open to you to get out of it are:

    1) Misrepresentation

    2) Breach of contract

    3) Honest mistake

    Good luck

    Who is the company that you have the contract with ?
    Science isn't exact, it's only confidence within limits.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 February 2015 at 7:21PM
    OP, where did you 'sign' or otherwise agree this contract? In store, in your own office, online, by phone?
    Even if it was a consumer contract and not a residential one, then you still have no cooling-off period if you purchased in store. The only cancellation rights you have are those offered by the retailer under their T&C's.
    DSR will only apply to consumer contracts taken out online or by phone, and gives you 7 working days, not 14.
    You have presumably been invoiced the total value of the contract to the end of the minimum term, which is what would be expected if you cancel before minimum term.
    No free lunch, and no free laptop ;)
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    macman wrote: »
    DSR will only apply to consumer contracts taken out online or by phone, and gives you 7 working days, not 14.

    DSRs were superseded by the Consumer Contracts Regulations (2013) and do indeed give 14 days to cancel a service (with some restrictions). MSE has plenty of information about it so there's really no excuse for giving out of date advice.

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange?_ga=1.266425038.1193631705.1415385279#services
  • Thanks all for the help, will send a letter of complaint and will look at the links some of you have offered. The contract was done over the phone and online.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.