contract enquiry
 

Hey folks, wondering if anyone can give me the benefit of their knowledge.

The situation is this:

I took out a broadband service the other week with a well known provider. Around 10 days later the package with modem etc arrived. When opening the modem I dicover that it is a usb only modem, strange as at the time of taking out the service I spoke to two different people who when asked if the modem would be ethernet compatible said "all our modems are network compatible sir".

So I phone them up to see what can be done, they offer me a wireless modem package for £80, I say no, I'm returning it unless you can provide me with an ethernet compatible modem at no further cost as originally agreed. They said it's a 12 month contract and I cannot cancel. After two further phone calls and promises of return phone calls I'm still no further forward.

As it happens the credit card details they have are no longer valid as I cancelled it today due to losing the card, so far they have no payment. They've offered me a complaints address and I'm gonna knock up a letter stating my case and requesting the address to return the package they sent.

I'm just curious - can anyone tell me am I definitely in the legal right? If so anyone know of any case law I could quote in my letter that backs it up (the contract is covered by english law according to the terms and conditions).

Thanks

Rich

If they have not sent you something they clearly promised they were going to during your initial negotiations, I suggest they have either breached the original contract or misrepresented what they are selling.

If you haven't signed anything anywhere, or clicked "accept" on a website after Terms & Conditions were clearly stated, it is your word against their's, so I can't see they have you committed to any legally binding contract. Only if you clicked/signed to "accept" T&Cs, and they're acting within them and the T&Cs are reasonable do you have cause for concern.

Not legal precedent I know, but hope it helps.

I believe that this is also covered by the distance trading act, which entitles the purchaser a 14 day cooling off period.I think there is also the same when taking out a credit agreement, a statutory cooling off period.

If in doubt i'd check with a professional or the CAB.

Steve

This is entirely correct and applies to almost any contract entered into in this way, especially over the telephone.