Verbal agreement

[flowershop79]

Hi

 

Im currently having trouble with a company called opm who called me the other day

 

i was lead to believe this was in fact Google who i was dealing with

as i do place my business on the servers regarding maps and rankings ad words e.t.c.

 

the lady then transfers me to a gentlemen who now states i in a legal binding contract with them

 

as soon as i got of the phone i emailed to the team and said i was interested in any marketing

as already market my business and i may be closing the business and threre no need for a 284 bill

 

well invoice not even 2 hours and they say i have a contract with them

and if i dont pay then as a soletrader they will send me to court to get the funds

but i have clearly stated that i dont wont or need this service

 

i thought i had a 7 day cooling off period but as far as they say there final ans

is the there and i must pay

 

im so upset about the emails received and the level of customer service

 

im going to the oft but i need to no do have the right to cancrl for goods

 

i dont wont as this is a invoice and they have no details of mine regarding

banking its just the way they have spoken to me i have all the emails they have sent me

 

and i need to no what i can do as i sick to death of being bullied

 

i trying to sort my debt and mental issue out and trying to start a business

and i just cant take any more debt on please advise.

 

thabks

[renegadeimp]

Can you edit your post to include paragraphs and punctuation please. its hard to read.

[flowershop79]

Hi

I'm currently having trouble with a company called opm marketing

 

who called me the other day

 

I was lead to believe this was in fact Google ,

as she was discussing my business rankings and maps

 

she asked if i was the business owner which i am

 

then she said ill pass you to my Manager just to make sure that all details are correct.

 

She then Passed to her Manger who asked if i was happy with my business ranking

and my map details are all correct

 

he asked if i had a password (which i do have with Google )

 

he said confirm this password then you can access for a year free

 

after i confirmed the password

he then stats that Ive entered a legal binding contract and will be billed in 14days for the invoice of 284

as soon as i have tried to reply he says have a good day then the phone went dead.

 

Ive Opened my emails and can see they have sent me a invoice that has 14 days to pay

 

i have replied to the mail stating that i don't wont or need the advertising as i already do this via Google

so may i please cancel and

 

the rely was

------------------------------------------------------

Dear

 

This account is for your membership to OPM’s Customer portal for 12 months as previously explained.

This portal allows you to Log In with your unique details and amend what appears about your business on the Google search engine.

We set up and created your Place Page on Google and added content of your business.

The Portal allows you to chop and change the details which are present at any time.

You can send in pictures and videos to appear and upload your logo to the portal which we will then broadcast

on your Place Page for you.

We have added key phrases to the back end of your Google Place Page

which will broaden the search spectrum for online customers to locate your company profile.

 

You clarified this order in a legally binding verbal contract on 03/12/2013.

On this point you were instructed that once confirmed the account cannot be cancelled.

You agreed to this and gave a password of ,,,,,,,to secure your order.

This recording of contract in held with our legal department to be used as evidence of contract.

 

We cannot cancel your account at this point due to you agreeing these terms. Therefore your account is due on the terms agreed on your invoice.

 

If you have any further queries please contact accounts on 0844-740-0152.

 

Yours Sincerely,

Jamie Thompson.

Head Of Accounts

-------------------------------------------------------------

i then have explained that i may closing the business and

i suffer from depression and

i really cant cope with any more debt debt that can be avoided

and i canceling within the hour and

i believed that i had a 7 day cooling off period

reply was

---------------------------------------------------

Dear

 

Verbal contracts are enforceable in the U.K and majority of Europe.

As this was done with our security coordinator on your telephone and all the required questions were asked.

If this was not you then someone at your establishment has committed fraud

and the relevant authorities will be informed to create a case.

 

Your account will not be cancelled and if not settled will be subject to further action.

Business to business accounts do not require cooling periods.

Please take advice if necessary.

However, if payment is not received on the terms you agreed then all further action will be taken.

 

This is my final say on the matter.

 

Yours sincerely,

 

Mr Thompson

Head Of Accounts

i told the gent that i was paying for a service i just need and wont i cant see the point

and im not rich to give you money for a service i dont wont

 

Reply was

Dear

 

To avoid this becoming any more silly I will make our position clear.

 

As you are a sole trader and your company is not Limited.

When your account falls overdue we will issue the application for a County Court Judgement in your name.

Therefore you will be personally liable for all further action.

Failing to settle a county court judgement issue by the court can result in a Warrant of Execution.

This entitles a Bailiff to call at your address and remove goods to the value of the outstanding balance.

 

Therefore continue to avoid settling at will .

As we have all steps of further action in place to recover what is owed plus possible costs and charges.

 

Yours sincerely,

 

Mr Thompson

Head Of Accounts.

--------------------------------------------------

[renegadeimp]

Was the verbal contract recorded/

[dx100uk]

just like the others that do this

 

you DO have 14 days to cancel

 

pers i'd be ignoring them now

 

dx

[steampowered]

As far as I'm aware cooling off periods don't apply to business-to-business contracts

 

For me the key question is whether you agreed to a contract. There is a clear difference in opinion here. They say you confirmed agreement to a legally binding contract; you say that you did not. You can't resolve this without the recording or transcript.

 

I would write as follows:

 

---

 

Dear xxx

 

I refer to your email dated xxxx.

 

You allege that I have agreed to a verbally binding contract on xxxx. I deny this entirely and I believe that your description that I agreed to a legally binding contract on the call is not correct. Therefore please provide the recording and/or a transcript of the telephone call which you are referring to. It is difficult to see how there can be any resolution until you provide the recording and/or transcript.

 

Please note that this is a formal request made pursuant to the Practice Direction on Pre-Action Conduct under the Civil Procedure Rules 1998, Annex A 4.2 (7). As you should be aware, the Practice Direction governs the period before the issue of court proceedings and requires the early exchange of information. The Practice Direction (Annex A, paragraph 5.1) expressly requires you, as the claimant, to provide the requested documents within as short a period of time as is practicable or explain in writing why the documents will not be provided.

 

If you do not promptly provide the recording and/or transcript before issuing proceedings then you will be acting in clear breach of the Practice Direction. You will also have refused any meaningful opportunity to resolve this dispute without the need for court proceedings. This would be unreasonable conduct and I confirm that I would ask the court to make a costs order in my favour pursuant to CPR 27.14 (2) (g), regardless of the outcome of the case.

 

If you bring county court proceedings you will certainly be required to disclose this information to me in any event.

 

I look forward to promptly receiving a copy of the recording and/or a transcript.

 

Yours sincerely

xxxx

[mjt2013]

you DO have 14 days to cancel

 

pers i'd be ignoring them now

 

dx

 

What law supports that? I don't think business contracts have a cooling off period?

[Old Cogger]

distance selling?????????

[mjt2013]

Does that apply to business contracts as well? Well, there you go; learn something new every day!

[renegadeimp]

Read their letter carefully. They talk about business contracts, then go on about sole traders and personal guarantee. If theres a personal guarantee, surely you would be covered similar to regular consumer law.

[flowershop79]

Was the verbal contract recorded/

 

Well they say the contract was recorded but i have asked for the recording and well still no recording sent to me.

[flowershop79]

arr yes your right when i come to think it your right I will email them tomorrow and see what they say i will keep you update with the replys brilliant thank you very much:-)