Money claim for bin services

Firo09

Hello,

I was wondering if anyone can help us out with this,

We entered into a verbal agreement with a waste bin management company over the phone but we did not sign the contract.

We emailed them to cancel it because we couldn’t wait couple weeks for them to deliver the bins

When doing the agreement over the phone the bins were supposed to arrive after a couple weeks but they did not, they arrived after the dates they stated.

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Do we stand any chance of fighting this?

 

born_again

Firo09 said:

Hello,

I was wondering if anyone can help us out with this,

We entered into a verbal agreement with a waste bin management company over the phone but we did not sign the contract.

We emailed them to cancel it because we couldn’t wait couple weeks for them to deliver the bins

When doing the agreement over the phone the bins were supposed to arrive after a couple weeks but they did not, they arrived after the dates they stated.

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Do we stand any chance of fighting this?

 

Can we take it that this is a B2B & not a consumer agreement?

In which case their T/C will outline any charges for the cancelation of the service.

You can contest, but no one can say your chance give no sight of the T/C

MyRealNameToo

Firo09 said:

Hello,

I was wondering if anyone can help us out with this,

We entered into a verbal agreement with a waste bin management company over the phone but we did not sign the contract.

We emailed them to cancel it because we couldn’t wait couple weeks for them to deliver the bins

When doing the agreement over the phone the bins were supposed to arrive after a couple weeks but they did not, they arrived after the dates they stated.

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Do we stand any chance of fighting this? 

Verbal contracts are as binding as ones you sign, the problem is proving what the terms agreed were. 

This is presumably a B2B contract not a consumer one meaning you have less statutory rights and are supposed to know to ask the appropriate questions or not sign up until you have seen the contract etc. 

After signing up did you get a copy of the terms? What did it say about cancellation costs if you did? 

saajan_12

Several questions
1) Were you contracting as a business or a consumer?
2) What did the website / emails / phone call say about minimum term and cancellation? 
3) What did the website / emails / phone call say about delivery times? (quote, as the wording can matter)
4) When were the bins actually delivered? 
5) How long after the phone call did you email to cancel? 

Firo09 said:

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Depending on the above, that may not be an option. Using a product isnt' always pertinent if they largely fulfilled the contract and minor breaches don't always allow you to tear up the contract. 

Firo09

saajan_12 said:

Several questions
1) Were you contracting as a business or a consumer?
2) What did the website / emails / phone call say about minimum term and cancellation? 
3) What did the website / emails / phone call say about delivery times? (quote, as the wording can matter)
4) When were the bins actually delivered? 
5) How long after the phone call did you email to cancel? 

Firo09 said:

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Depending on the above, that may not be an option. Using a product isnt' always pertinent if they largely fulfilled the contract and minor breaches don't always allow you to tear up the contract. 

1) Business
2) I think it was min term of 24 months 
3) The bin was supposed to be delivered to us at the start of october we signed up at the start of September,
the bins didnt arrive until middle of october
5) emailed the next day following the phone call

Firo09

born_again said:

Firo09 said:

Hello,

I was wondering if anyone can help us out with this,

We entered into a verbal agreement with a waste bin management company over the phone but we did not sign the contract.

We emailed them to cancel it because we couldn’t wait couple weeks for them to deliver the bins

When doing the agreement over the phone the bins were supposed to arrive after a couple weeks but they did not, they arrived after the dates they stated.

Now they have made a money claim with the courts because we obviously wont be paying for services we did not use.

Do we stand any chance of fighting this?

 

Can we take it that this is a B2B & not a consumer agreement?

In which case their T/C will outline any charges for the cancelation of the service.

You can contest, but no one can say your chance give no sight of the T/C

Yes it is a b2b contract

Okell

You're a business.

Presumably you get professional legal advice from someone.

What advice have they given you?  (You have asked?)

Firo09

They have sent me this when asking to cancel the contract
This is for my fathers business by the way and he wont be able to afford legal advice from a solicitor thats why i thought id get help here

Okell

Firo09 said:

... This is for my fathers business by the way and he wont be able to afford legal advice from a solicitor thats why i thought id get help here

He's being sued for the best part of £4k.

If his business can't afford to pay for legal advice when needed, he can't afford to stay in business.

(Having said that, you'd be better off posting here:  Small biz MoneySaving — MoneySavingExpert Forum

Report your own post and ask the mods to move it)

Firo09

Okell said:

Firo09 said:

... This is for my fathers business by the way and he wont be able to afford legal advice from a solicitor thats why i thought id get help here

He's being sued for the best part of £4k.

If his business can't afford to pay for legal advice when needed, he can't afford to stay in business.

(Having said that, you'd be better off posting here:  Small biz MoneySaving — MoneySavingExpert Forum

Report your own post and ask the mods to move it)

its not about not being able to afford it but why should he pay for a service he did not use whatsoever.
understand from my point…

MyRealNameToo

Firo09 said:

Okell said:

Firo09 said:

... This is for my fathers business by the way and he wont be able to afford legal advice from a solicitor thats why i thought id get help here

He's being sued for the best part of £4k.

If his business can't afford to pay for legal advice when needed, he can't afford to stay in business.

(Having said that, you'd be better off posting here:  Small biz MoneySaving — MoneySavingExpert Forum

Report your own post and ask the mods to move it)

its not about not being able to afford it but why should he pay for a service he did not use whatsoever.
understand from my point…

Does it equate to the 3 months of payments given that from the screenshot that appears to be what they told them was the notice period? 

Does he remember the call being as shown? 

They say they have a call recording so you could ask for a copy of the recording, using a DSAR if they dont agree to it straight away, to see what was discussed and agreed.