Cancel My Direct Debit?

neededausername

Hello all,

I entered into a 12 month contract that was sold to me following a verbal explanation of the terms. When I received the written terms and confirmation of my direct debit, I noticed that the contract was between a third party and I (not something I knew about when I signed), rather than the organisation I initially spoke to. Not a massive problem, but the written terms were not as I had verbally agreed (needless to say, not in my favour).

I contacted the third party, who said they had no knowledge of such terms and what was written was final. Had I not been promised things verbally, I would not have entered into the contract in the first place.

The salesperson initially denied telling me the terms, and I now cannot get in contact with them.

I have proof of these terms being promised and that they are used to persuade people into signing up. However, I obviously do not have consent to share this proof and so do not want to find myself in any legal trouble by sending it to anyone (my sole aim was to obtain proof as a last resort in case it went as far as court).

I am considering cancelling my direct debit as I cannot contact the salesperson or negotiate with the third party, and I am outside of any 'cooling off' period. I do understand the ramifications this could have on my credit rating though, which I would like to remain intact and untouched.

Does anyone have any suggestions or advice on the 'cleanest' way to sort this please?

ConsumerGuy0016

neededausername wrote: »

Hello all,

I entered into a 12 month contract that was sold to me following a verbal explanation of the terms. When I received the written terms and confirmation of my direct debit, I noticed that the contract was between a third party and I (not something I knew about when I signed), rather than the organisation I initially spoke to. Not a massive problem, but the written terms were not as I had verbally agreed (needless to say, not in my favour).

I contacted the third party, who said they had no knowledge of such terms and what was written was final. Had I not been promised things verbally, I would not have entered into the contract in the first place.

The salesperson initially denied telling me the terms, and I now cannot get in contact with them.

I have proof of these terms being promised and that they are used to persuade people into signing up. However, I obviously do not have consent to share this proof and so do not want to find myself in any legal trouble by sending it to anyone (my sole aim was to obtain proof as a last resort in case it went as far as court).

I am considering cancelling my direct debit as I cannot contact the salesperson or negotiate with the third party, and I am outside of any 'cooling off' period. I do understand the ramifications this could have on my credit rating though, which I would like to remain intact and untouched.

Does anyone have any suggestions or advice on the 'cleanest' way to sort this please?

Does the company that you agreed the contract with report to credit agencies (ie is it a Mobile phone operator)?

If not, then cancel the Direct Debit.

Otherwise, issue a Letter before action stating your intentions to cancel as you signed the contract under a Misrepresentation.

Babbawah

The internets can solve your problem if you allow us to follow in your exact footsteps.

Tell us what this contract is and we can all point out its flaws.

neededausername

ConsumerGuy0016 wrote: »

Does the company that you agreed the contract with report to credit agencies (ie is it a Mobile phone operator)?

If not, then cancel the Direct Debit.

Otherwise, issue a Letter before action stating your intentions to cancel as you signed the contract under a Misrepresentation.

Thank you ConsumerGuy.

I don't believe the industry they operate in is regulated by an ombudsman such as with mobile phones unfortunately. I have also just checked my T&Cs and there is no complaints procedure mentioned or referenced to say who I should speak to if I'm not happy.

Should I send a LBA to the salesperson, third party or both? I presume if I signed the contract under a misrepresentation, they cannot enforce the missed payment/early cancellation fees that are in their terms?

arcon5

Needs specifics here

Babbawah

arcon5 wrote: »

Needs specifics here

Specifics would shatter the illusion that this OP is anything other than a staff post !

neededausername

Babbawah wrote: »

The internets can solve your problem if you allow us to follow in your exact footsteps.

Tell us what this contract is and we can all point out its flaws.

I took out a membership at a wellness centre, on the agreement that if I were to move a set distance away from the area (and could provide proof) then I could terminate the contract. My circumstances then changed and I have moved away; I offered the salesperson proof of my new residence but they deny this was ever a term.

neededausername

Babbawah wrote: »

Specifics would shatter the illusion that this OP is anything other than a staff post !

I literally have no idea what you mean by "a staff post".

Fosterdog

It is completely normal for this type of payment plan to be set up through a third party.

How long ago did you sign up for the twelve month contract?
How long ago did you receive the written terms?
How long ago did you move away?

bris

Timescale would be important here.


If you received the written terms and want to cancel straight away then you would have a case. If you have or are into the contract for say 6 months then you have accepted it.

neededausername

Fosterdog wrote: »

It is completely normal for this type of payment plan to be set up through a third party.

How long ago did you sign up for the twelve month contract?
How long ago did you receive the written terms?
How long ago did you move away?

I don't mind that a third party is involved, but it was relevant as they have terms that were not disclosed to me before I signed.

I joined at the end of March, I received the written terms 10 days later, and I then moved 23rd May.