Click through contracts CAUTION

Obsequent7

I had a double glazing salesman visit my house after a doorstep contact. A discount was offered if I agreed to a contract and I was happy with the deal offered. A deposit was paid then the salesman entered the details in his laptop computer. He showed me pictures of the proposed installation on his laptop. He then set about entering the contract. When he was finished I had not seen any contract. I was not asked to view it on his laptop. He sent me a link to an internet URL. I used my smartphone to go to the link. Expecting to view the terms and conditions. I skimmed through the terms and conditions and found them not acceptable. I also noted above the signature box was a field mentioning something about copy signature. At the initial reading the signature box was empty. When I said I would not sign he touched the phone screen quickly. This filled the signature box with my name apparently hand written. It was of course not my signature. At this he effectively made a run for it. His company are now saying they have a signed contract.

I have looked up what the law is and I think he has used the URL so that the contract will be covered by  Click Through Contract. I had never heard of that and am probably like everyone else in that respect . The process appears to be contrary to any acceptable notion of fair dealing.  The fact that his laptop was within a meter of me and he chose to use this online method indicates he was looking to use the protection of that internet only concession.

I will obviously fight this and consider that no contract exists.

This post is just to point out the scam to anyone else who may be targeted. I won't add the name of the  company at this time. It may be common to more than one.

Olinda99

if he clicked the signature (and not you) then obviously you did not sign or agree to the contract

user1977

Obsequent7 said:

I won't add the name of the company at this time.

You've already told us it was Anglian:

https://forums.moneysavingexpert.com/discussion/comment/81190725#Comment_81190725

Obsequent7

That was in another thread but it is no secret. I am just pointing out that the scam is probably used by other companies. That is likely as they will buy in the software to make the tick possible.

Obsequent7

eIDAS  is the directive making the rules for electronic signatures. I am gathering information on peoples experience of electronic signatures used on the internet. My experience isn't good but am just checking if anyone else has been caught. Please comment if you have.

eddddy

Obsequent7 said:

eIDAS  is the directive making the rules for electronic signatures. I am gathering information on peoples experience of electronic signatures used on the internet. My experience isn't good but am just checking if anyone else has been caught. Please comment if you have.

I think you're looking in the wrong direction.

You need to concentrate on the facts of what actually happened.

In your other thread...

• You suggest that you agreed to the contract and signed the contract - but you did so because the salesman misrepresented the terms of the contract 

• If the salesman misrepresented the contract.. that's potentially justification for cancelling the contract. You could have pursued that route.

In this thread, you seem to be presenting a dramatically different version of events...

• You didn't agree to the contract. You didn't sign a contract. The salesman impersonated you and signed the contract.

• So the salesman committed fraud (which would be a criminal offence. Although TBH, I doubt the police would investigate.)

If you've changed your story that dramatically in discussions with the window company, that might make them doubt your credibility. And if they take you to court, the court might be worried about your credibility as well.


In your position, I'd drop the eIDAS stuff. It doesn't seem to help your case in any way.