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Help! Can they charge me for this?

6 replies

HalloweenDuck · 02/06/2014 13:49

I run a children's out of school club. I arranged for a circus workshop to come along in the feb half term. About a month or so before we found out our venue had to close due to resurfacing. We rescheduled with the company for May half term.
In April the company contacted me to go through events etc. During this it came to light the amount they were going to charge ( which was above the budget anyway) had not included VAT. ( Totally my fault I accept)

Also they claimed to have sent invoice etc before and I had not received it, so i asked them to resend to another address as mine is dodgy and post gets lost a lot! They happily resent invoice etc to new address.

Anyway, after speaking to the children/ staff in my workshops etc they decided it was too expensive. So we decided to cancel the circus workshop. I therefore sent an email ( that I had corresponded to the people with before on) Stating unfortunately due to cost we would not be able to continue with the booking and therefore cancelling it. ( Also thanking them for their time and stating I still would love to use the company in the future as I loved the idea of it and it was purely down to cost)

I did receive a missed call from their number a few days later and I did not think much of it. ( or ring back if truth be told)

I also therefore threw the invoice etc out as I had cancelled it.

Well low and behold on the day the gentleman turned up, I was in the middle of the hall with 30 plus children, so I said " Oh no mate, it was cancelled about a month ago" He said something like " Oh Great" and walked out.

I then received 4/5 missed calls and voicemails urgently telling me to respond. ( I was not holding my phone, generally missed the calls)
When I was actually checking the voicemails they rung again and I answered. Basically the woman got arsy and said it was not cancelled in their minds and I still have to pay the £400!!

I explained in my eyes I had emailed and cancelled, not signed anything, not paid deposit or any money and not my fault they " didn't get" the email.

She said she would pass onto a supervisor but it was still my fault and I had to pay! I said no way and I would not.

Got snooty email today from supervisor saying basically tough shit and I have to pay! I can forward on the email I sent them cancelling it as can access in sent emails. But we do not have the £400 to pay them, ( the out of school group) neither do I personally.

She said a vocal booking and accepting their invoice is as binding as a contract, but I wasn't happy with it and cancelled it!

Anyone know what I can do please?

OP posts:
TheLastThneed · 02/06/2014 13:55

Have you read a copy of their Ts & Cs?

What does it say about cancellation?

Lioninthesun · 02/06/2014 13:59

Call CAB but I think as long as you have your email cancelling it it is their tough poo if they haven't noted it.

I'd call CAB and send a letter that they will dictate to you just to show you know your stuff and it should shut them up.

HalloweenDuck · 02/06/2014 13:59

I cant remember reading anything! I have thrown it all out though as I had cancelled it!

OP posts:
Lioninthesun · 02/06/2014 14:02

You didn't sign anything so their T&C should have been attached to whatever they say you agreed to - email? I think they are legally obliged to keep it together?

Ring CAB and see where you stand. As I said they will be able to help you write a letter stating the law and usually this stops people like the company you are talking about getting away with being downright dozey.

ColdCottage · 02/06/2014 14:02

If you haven't signed anything and have proof of writing to them (email) of cancelling them (which was also a reasonable amount of time in advance) I don't think they don't really have a leg to stand on. I'm not a lawyer though.
If you are still worried most lawyers offer a free 1/2 h consult so try that or call Citizens Advice.
Try not to worry.

fairgroundsnack · 02/06/2014 14:02

On the VAT point they should be specifically stating it excludes VAT, otherwise you are entitled to assume that it is inclusive.

In order to have a valid contract you have to have an offer and an acceptance. I would have said that their invoice to you was an offer and that you did not accept it (as you emailed them back and informed them that you didn't want to go ahead).

Do forward onto them the email you sent them and print a copy for your records. You should probably ask them to resend a copy of the invoice as this may have their terms and conditions attached/on the back. The fact that they sent you terms and conditions doesn't necessarily mean that these will apply though.

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