I'm being threatened with small claims court - what is the best course of action?

Ned

Hello,

I am in a situation and need to know where I stand from a legal perspective. I run my own business and recently paid a non-refundable deposit for a product sold by Andrew. Following this, Andrew offered me a place on an excursion for a certain price. This price was discussed via email/messaging. The invoice link was sent to me from his bank confirming the price, and this was paid. 

Andrew sent me a contract for the product purchase on a Sunday evening which was the night before the excursion, and 2-3 weeks after the deposit had been paid. This was obviously after flights, hotels, and other costs had been paid based on the original excursion price, and didn't give me sufficient time to read the contract before departing.

I then went on the excursion but afterwards decided not to proceed with the full purchase of Andrew’s product. I confirmed this in writing with Andrew and accepted that the deposit would not be refunded. Andrew responded saying that due to my not completing the purchase, I would have to pay the full price for the excursion which was considerably higher (about £3000). This additional premium had not been mentioned at all prior to this moment. I confirmed with Andrew that at no point he had mentioned the full price. He responded saying that this was detailed in the (unsigned) contract and also on the invoice link. I checked the invoice link and the description on the invoice had been amended to include a section detailing the additional premium owed should the full product purchase not be completed. I have an invoice screenshot I took the day before which didn’t have any of this additional information, so it appears they have changed it after payment was agreed and completed in order to make me pay the additional. I have spoken to the bank in question and although the agent could not see the exact amendment, they confirmed that something wasn’t right and I was urged to send the details to their fraud investigation team.

I just want this whole thing to go away. I don’t want to be involved in any fraud investigation (Andrew will almost certainly face huge difficulties if his account is suspended pending investigations) but I am extremely disappointed by the whole situation and it is causing massive amounts of stress. I do not believe I am liable to pay any more than what was agreed, I have not signed any contracts, and I am very unhappy that the terms of the invoice have been amended (to suit their story) which I assume must be illegal/fraudulent. I've only been involved in this industry for a year or so and I feel Andrew is essentially bullying me as he knows I am inexperienced, particularly in this situation.

Andrew has apparently obtained legal advice and has threatened to take me to court if the balance isn't paid. I can't see how he can enforce the additional undisclosed payment of £3,000 when no contract had been signed or even verbally agreed, and the amended invoice just feels wrong.

I have contacted citizens advice and they have advised me to send him a letter based on misrepresentation/ false statement of fact prior to any further action from Andrew. As mentioned, I have no experience here and just want it to end!

Thank you

Khaderbhai

Could be worth posting this on the Legal Beagles site for further comments, but I would also suggest responding in writing to Andrew advising him that you will not be making payment as no legally binding contract was signed. 

It does sound a little more complex than a standard claim, so you may wish to seek professional legal advice to respond to Andrew if you want this to go away. From what you have posted though, it sounds like he is ‘trying it on’, if that gives you any comfort. Sorry I can’t offer anymore then that, I am not a legal professional so would not want to give you the wrong impression. Thanks

tightauldgit

There's no requirement for a contract to be signed for it to be enforceable - the fact that you proceeded with the transaction, paid the money, attended the excursion etc is most likely acceptance of its terms. That you didn't have time to read it isn't any kind of legal defence either. 

However, it seems you are arguing that the terms of the agreement were changed AFTER you accepted it and paid your money etc. In which case you may well have a defence if you can evidence what you have said is true. Certainly the fact that the invoice was changed after the fact would put a seed of doubt in the mind of a judge that the person here is not being honest. 

I would write back to him and point out that you believe you have paid all monies owed to him under the agreement that you had, that any terms relating to payment of the additional £3k were not made available to you at the time of acceptance of the agreement and only added later and therefore you believe unenforceable. While he is free to pursue any legal action he sees fit, make it clear you will defend any such action and seek costs against him. 

Then wait and see if he does go to court. There's absolutely no point to make any payment now as you can always settle if a court summons is issued. 

But you have to be very clear of what you were communicated before you accepted the agreement and made payments