Legal Advice - Is a verbal agreement a binding contract? - HotUKDeals
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Legal Advice - Is a verbal agreement a binding contract?

MinstrelMan Avatar
8y, 6m agoPosted 8 years, 6 months ago
Ok, the title doesnt tell the whole story.... in fact I dont know the full story as of yet.

As some of you know my other half set up her own business earlier this year as a photographer with her own studio.

Now from what I can gather, she was approached by some company (I wont know who until I get all the details this evening) who said to be selling something or offering some kind of service etc etc. From what I can get out of her she said she never accepted to buying anything however she does admit to saying that they could send her some additional information and she'd think about whatever it was (again she probably knows what it was, i dont at this point).

Now she's getting letter saying that she owes them a few hundred pounds for whatever they have done on her behalf - It's a lesson in business she's learnt from, she'll pay more attention to whats going on in future.

My question is whether this is legal, although she is adament that she didnt agree to purchase anything, only requested further information - but can that be enough to be justified as a legally binding contract or are these letters claiming that they will take her to court for the money just scare tactics that prey on small businesses?

I'll be able to give a clearer story later becuase I'm going to call them and listen to the audio from the call as to what exactly was said.

Is there anything in particular I can look out for as a loop hole if she's accadently put her foot in it? or anyone point me to legality of selling over the phone.

Thanks in advance.
MinstrelMan Avatar
8y, 6m agoPosted 8 years, 6 months ago
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1 Like #1
I am so sure this is not right.
Might be best to phone up CAB ( usually in the morning )
or try trading standards ( details on your local government website )
1 Like #2
Im got no experience with stuff like this, but my common sense would say that if she hasnt signed anything then she hasnt entered into a legally binding contract. Its like say looking for a car and you ask the salesmen for extra info, that doesnt mean you bought a car? Dont back down in my opinion and dont give them any thing.
1 Like #3
I may be wrong here but, if she hasn't signed anything I don't think there's much they can do?
1 Like #4
A verbal agreement can be binding but in this case, unless there is a crucial piece of info shes not telling you, I just cant see how a judge can find for the person sending your other half a bill
#5
#6
A verbal agreement can be binding in England
1 Like #7
MinstrelMan


enough said. Id get in touch with CAB and Trading standards to be 100% sure also maybe get in touch with watchdog?
#8
Definitely contact trading standards as per Simon's suggestion
#9
1 Like #10
She just need to make sure she did not sign anything incase they do try to go to court... she may have been recorded as accepting the terms and conditions of the sale without realising it but then they should have sent the full contract in writing for her to sign.

It is quite tricky if you don't have all the facts.
#11
now I've got dirt on them, I'm gonna have some real fun, I thrive on this kinda stuff - its a great way to vent my frustrations.

thanks for your help everyone, all repped - keep the comments comming
1 Like #12
this was written on one of yr links
if they say "we've got a recording of your call agreeing to commit" then simply ask for a copy of it under the Data Protection Act and then they mysteriously disappear!
seems like good advice to me
watchdog would be well prepared to deal with this type of scam
yr poor wife she must be so upset
#13
caggarooney
this was written on one of yr links
if they say "we've got a recording of your call agreeing to commit" then simply ask for a copy of it under the Data Protection Act and then they mysteriously disappear!
seems like good advice to me
watchdog would be well prepared to deal with this type of scam
yr poor wife she must be so upset


I saw that on the contracting site too - read further down, they sent one woman a recording of her apparently agreeing to the sale - only it wasnt her..... it was a man :lol: and she was a sole trader, lmao. fools.

I'll be on to watchdog later.
1 Like #14
A verbal contract can be legally binding, for example, if you order a mobile phone contract over the phone, they will read the terms of the contract to you and you will agree to it verbally.

However, unless something like this has happened, I would say they haven’t got a leg to stand on.

And if it’s a scam, I wouldn’t even be giving them the time of day. I would completely ignore them.
The more you talk to them, the more they will keep on because in their mind, you might actually pay them something.

If you don’t want to just ignore them, send them 1 simple letter saying you do not owe them any money and unless they can prove otherwise, the matter is closed.
1 Like #15
thej
Lol,i can see the badness in you,have fun:thumbsup:


me? nah - i just cant stand scammers, they get what they deserve, I'm more like a modern day robbin hood.
1 Like #16
had similar happen to me when i ran a clothing business,a guy knocked at the unit one day and started gabbling on about advertising booklets,i listened thinking to myself no way not interested but to get rid of him told him to send me some examples and information and i would review it

next thing i knew they had advertised my business and sent me a bill for £175,i never signed anything,never said yes please i want to do that etc,ended up with debt collectors getting involved so had to get a solicitors letter written denying all knowledge of signing up and asking for proof,they obviously couldnt prove it as they had no signature so it was all dropped and i never have heard from them since
#17
This is a well known scam - either they call and say they will add you a implied "free" directory and then invoice you later for some obscure buried fee in their terms and conditions, or they will cold call and claim you agreed to pay and invoice you. Just ignore the letter, as they will never take it court as they would lose. A family member had the same problem, but ignored it and after a few letters never heard from them again.
This I'm sure has been on Watchdog, as well as on Radio 4's Money Box programme a few months back.

Here's the radio 4 podcast:
http://www.bbc.co.uk/radio4/youandyours/items/01/2007_38_fri.shtml
#18
good luck in bringing em down!
#19
Again thanks all, those who havent been repped already will be tomorrow when I can have some more to spread around
banned#20
A verbal agreement is legally binding, however, the problem here is the fact the other party can claim they didnt agree with something you are now saying is a fact. How can you prove its them thats lying and not you?

Thats why, something written down is the only real way to deal with anything to do with contracts.
banned#21
guv
A verbal agreement is legally binding, however, the problem here is the fact the other party can claim they didnt agree with something you are now saying is a fact. How can you prove its them thats lying and not you?

Thats why, something written down is the only real way to deal with anything to do with contracts.


yes, it's just ones persons word against another not much they can do without proof.

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