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Business to Business rights? Edfirst scam?

edited 30 November -1 at 1:00AM in Consumer Rights
14 replies 4.9K views
Rose_HarrisRose_Harris Forumite
3 posts
edited 30 November -1 at 1:00AM in Consumer Rights
Hello

I'm looking for some advice. I've just set up my own business and joined a registry. A company called Edfirst found me through that registry and offered to refer my services exclusively to schools in my postcode area for a fee of £250+vat. It sounded great and I signed up this was 11 days ago.

However, I've realised that they actually are still recommending other companies who provide the same service in slightly different categories in all around 11. I feel misled and want to cancel.

However, reading the invoice it says:

This contract shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Courts. All our transactions are "Business to Business" and as such a cooling off period does not apply.

I've done some googling and it seems they are correct there is no cooling off period for Business to Business.

What recourse do I have? What would happen if I just told my bank not to pay? It went on to my credit card? Would they pursue me for breach of contract?

Thanks for any and all help and apologies if this isn't something MSE can help me with as I realise I'm not technically a consumer.
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Replies

  • pramsay13pramsay13 Forumite
    1.1K posts
    Tenth Anniversary 500 Posts
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    I'm not sure there will be much you can do assuming they are technically providing the service you paid for, even if they are being sneaky or disingenuous.
  • agrinnallagrinnall PPR
    23.3K posts
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    What recourse do I have? What would happen if I just told my bank not to pay? It went on to my credit card? Would they pursue me for breach of contract?

    The bank probably won't accept your instruction not to pay as you authorised the transaction in the first place, but if they did then yes, you might be sued for breach of contract. If you really want to get your money back you need legal advice on whether you can win in court or not, but you need to weigh up whether it's worth the cost to do that.
  • Thanks both - I suspected as much but helpful to have the confirmation. I very much appreciate your time.
  • unholyangelunholyangel Forumite
    15.2K posts
    Part of the Furniture 10,000 Posts Name Dropper
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    As a business theres little protection to fall back on but I'm going to ask....when were the terms sent to you and what exactly do you have in writing about the promised service? Exact wording.

    Promising to exclusively refer you paints a particular picture that doesn't fit in with your name being added to a long list and the list being given to the schools.

    In future, don't be so believing. Remember, they're trying to sell you something. Someone trying to tell you something is not going to tell you the unbiased truth. That goes triple for any company contacting you without you asking them to - if their product/service was so great, people would be contacting them....not the other way around. Having someone call round contacting places costs more money too. So you can be sure that whatever they're selling, its not only crap but overpriced crap.
    Money doesn't solve poverty.....it creates it.
  • Hi thanks for taking the time . There was no obvious terms of agreement document. But everything I received was on the day that I placed the order. I have learnt my lesson around being believing! This is what was orginally said via email:

    "The cost of £250.00 is for 12 months on the Edfirst site, an entry into the handbook of procurement and 12 months membership to Tenders4u.

    We have had 5 schools last month searching for ... in your postcode and this has been 31 over the last 6 months, we will only appoint one company so they should do well out of this."Thank you for taking the time to talk to me today. As promised, I am sending this email to tell you a little about the work we do for schools and businesses.
    New Academies, New Opportunities
    Over half of all secondary schools have now opted to convert to 'Academy Status', which gives them complete control of their finance and purchasing decisions. This is an excellent opportunity for businesses looking for a new and stable market.
    I'd like to briefly share with you why we are excellently placed to help you take advantage of this growing business opportunity by bringing your company to the attention of schools:
    Established in 1999, edFirst.co.uk is one of the UK's leading providers of education procurement support, offering a range of services which help schools to buy the products and services they need.
    In recognition of the work we do to bring schools and businesses together we have been finalists for the prestigious School Procurement Service Award every year since 2013 including the Education Investor Awards 2016!
    Click here to view some of our Testimonials from Schools and Businesses
    <img alt="contract opportunities" class="floatRight" style="float: right ; margin-bottom: 25px ; margin-left: 15px" width="300">edFirst
    Our services include edFirst.co.uk, a portal of approved businesses offering products and services to the education sector, and edQuote™, an e-procurement system enabling schools to directly send requests to businesses for the products and services they require.
    Your edFirst profile is your ‘shop window’ for the schools searching for your services, you will have full control over your profile to edit the information as and when you please.
    We also have a dedicated web team who can help you make the most out of your profile.

    <img alt="Tenders4U" class="floatRight" style="float: right ; margin-bottom: 10px ; margin-left: 15px ; margin-top: 10px" width="300" height="75">Tenders4U
    Tenders4U use your personalised business profile to source tendering opportunities relevant to your trade, and then alert you to them. We believe strongly in a more efficient collaborative process between SME's and the public sector. Enabling the public sector to better serve its communities, opening up a host of opportunities for business.
    Over the past 12 months we have distributed over 60,000 tenders across the UK.
    At Tenders4U we provide our customers with opportunities to prosper within the public sector. We serve both large corporations and small local companies from various fields of industry. Our customers work directly with the public sector or as suppliers and sub contractors.

    View our testimonials from schools and companies
    If you have any questions or to discuss a package to suit your company please don't hesitate to contact me on the details below.
    Regards

    [/COLOR]
  • brisbris Forumite
    9.2K posts
    Ninth Anniversary 1,000 Posts
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    You can sue for breach of contract if you can prove this breach.


    You say they that provide this service to other companies but in different categories, this isn't really a breach then as to me different isn't the same.
  • SempsSemps Forumite
    1 posts
    Interesting, I've just had the same offer today.. Safety for schools in PR postcode region but they've asked for £350.....
    Have you had any enquiries?
  • This scam seems to still be operating. Our business was contacted today suggesting for £400 we could be in prime position for procurement at many schools in a postcode area. There are supposedly 56 enquiries for our services in the last 4 weeks. Avoid.
  • Blackbeard_of_PerranporthBlackbeard_of_Perranporth Forumite
    6.9K posts
    Seventh Anniversary 1,000 Posts Photogenic
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    Avoid the Police, Ambulance, School, Nursery, insert name here glossy brochure book scam!

    In fact I just put out our shiny glossy directory into the bucket this day, a few years back it was about twenty pages. now it is down to eight. seems people are getting used to this. In fact my business regularly gets mail shots saying I should consider being in a directory. It would be as much use to me as a chocolate fireguard!
    Cardiac Arrest - Electrical - Patient unconscious! Heart Attack - Plumbing - Patient conscious!
    Defibrillators Cannot Cure a Heart Attack!
  • We were approached by edfirst and promised the earth, they even sent us a print out of how many enquiries they'd had for our types of services. We said we weren't interested as we aren't in a great financial state at the moment due to my van being stolen and all of my equipment. I even had another business owner have a look and he told me that the figures they provided against the cost make a good business choice to go with them. Well we know that to make money you sometimes have to use what money you have, so we were still fighting the urge to join them but in the end they promised to split the bill and not to worry as we would make a lot of money to cover our outlay. Well I can say we haven't had anything and it's been about 3 month's, we've refused to pay the bill and now they're threatening us with court action. The nice gentleman who contacted us today said he couldn't see a breach of contract on their side. What a surprise!! AVOID AT ALL COSTS.....
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