Verbal contract advice?

Verbal contract advice?

Postby marvin » Wed Jun 01, 2011 6:32 pm

Hi guys and girls, kind of a funny situation, but annoying
was quite drunk and signed up to a porn channel one night with the intent of cancelling it the next day
my understanding at the time was that it was monthly subscription that could be cancelled, though i was drunk and the guy i spoke to was irish so it was a bit difficult to understand, and i was just eager to get to the porn ya know ;)
i tried to cancel subscription by going on website etc but couldn't find anything so i cancelled the direct debit instead

returned home to find a letter saying i owed money, debt collectors could be arranged and/or court
so i phoned them up and they told me that i had agreed to a 12 month contract which could not be cancelled

i know i need to get a hold of a recording of the phone conversation but i was just thought asking you guys might be a good idea, given how clued up you all are!
cheers
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Re: Verbal contract advice?

Postby treeman » Wed Jun 01, 2011 7:17 pm

marvin wrote:Hi guys and girls, kind of a funny situation, but annoying
was quite drunk and signed up to a porn channel one night with the intent of cancelling it the next day
my understanding at the time was that it was monthly subscription that could be cancelled, though i was drunk and the guy i spoke to was irish so it was a bit difficult to understand, and i was just eager to get to the porn ya know ;)
i tried to cancel subscription by going on website etc but couldn't find anything so i cancelled the direct debit instead

returned home to find a letter saying i owed money, debt collectors could be arranged and/or court
so i phoned them up and they told me that i had agreed to a 12 month contract which could not be cancelled

i know i need to get a hold of a recording of the phone conversation but i was just thought asking you guys might be a good idea, given how clued up you all are!
cheers


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Re: Verbal contract advice?

Postby marvin » Wed Jun 01, 2011 7:47 pm

i don't understand, bit of a noob, sorry

what's the illusion?
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Re: Verbal contract advice?

Postby kenb » Wed Jun 01, 2011 8:01 pm

Sorry Marvin,

We are not really a helpline, what you need to do is do some research (eg read Veronica's book) to find out all you need to know about entering contracts, and how to honourably remove yourself from any unlawfully or illegally binding one. Good luck :yes:
Peace, luv and light :sun:
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Re: Verbal contract advice?

Postby pedawson » Wed Jun 01, 2011 8:17 pm

goto - http://public.findlaw.com/consumer/cancel-contract.html
Copyright © 2011 FindLaw, a Thomson Reuters business. All rights reserved. This site is copyrited so I suggest you visit the site.
All information is owned and controlled by public.findlaw.com all content is recognised as such and the following quote is to initially help you, however, not wishing to contravene any lawful request as in © the article is complete and has not been changed.
I view this as fair use and no recognition is to be given to this forum for the content.
You plight is urgent and requires instant info. Go to the site and research further.

Thanks to FindLaw, a Thomson Reuters business for this information.

http://public.findlaw.com/consumer/cancel-contract.html wrote:There are a few types of contracts that you can cancel within a few days of making the contract, but most others you are stuck with for the duration.

There are some federal laws that allow parties to a contract to cancel or call off the contract within a few days of entering into them. These laws are often called "cooling off rules" and give the contracting parties the option of canceling a contract with a certain time period.

The contracts that fall under these rules include trade show sales contracts, contracts for home equity loans, internet purchase contracts and even door to door sales contracts. In addition, certain states have passed laws for canceling contracts that allow parties to get out of contracts for things like dating services, gym memberships and even weight loss programs.

Trade Show and Door-to-Door Sales Contracts

The Federal Trade Commission, in an attempt to protect consumers, has issued rules stating that you have until midnight of the third business day after entering into a contract to cancel certain contracts. Door-to-door sales contracts for more than $25 can be cancelled in this manner, as well as sale contracts for more than $25 made at any place other than a seller's usual place of business (like a trade show).

As an example, if signed a contract to buy $200 worth of pure chocolate milk from a door-to-door salesman, you could cancel this contract the next day. Additionally, if you contracted to purchase a rare comic book for $2000 at a trade show, you may be able to cancel the contract within 3 days provided the trade show was not the seller's normal place of business. This rule does not apply at public car auctions or at craft fairs, however, so if you contract to buy a wooden sculpture at a craft fair, you may not be able to cancel the contract.

You do not need a legally justifiable reason for canceling a trade show or door-to-door sales contract. If you change your mind, you can validly cancel the contact for your original purchase.

Canceling a Contract for Catalog or Internet Sales Orders

There are also rules that apply to canceling a contract for a purchase made via mail, internet, phone or fax. The Federal Trade Commission provides a "mail or telephone order rule" which gives the standards by which most companies must handle such orders. This rule requires that a seller ship to you in the promised amount of time. The rule goes on further to state that if the seller does not give an estimated shipping time, it must ship within 30-days. Certain services and companies are excluded from this rule, however, such as photo development and processing, orders for plant seeds, and magazine subscriptions.

If the seller fails to ship the purchased goods on time or within 30-days if the seller did not give a shipment time, the seller must send you a notice with a new shipment time and offer you the option of canceling the order. If you choose not to cancel the order, the seller again must ship by the stated time. If the seller again fails to make the shipment, he must again notify you and request that you agree to a third date. If you do not want a new shipment date or do not respond to this last notice, the seller must cancel your order and refund your entire purchase price within 7 days by check or money order, or within one billing cycle if your used a credit card to make the purchase.

Canceling a Contract under State Laws

A number of states have their own laws that allow consumers to cancel contracts within a certain number of days after entering into them. These laws often allow contracting parties to cancel contracts for the sale of certain goods or for services like diet programs or gym memberships. If you are curious about the laws of your state, you should call your state's consumer protection agency to find out what kinds of contracts can be canceled without penalty.
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Re: Verbal contract advice?

Postby pedawson » Wed Jun 01, 2011 8:46 pm

I understand that this is a US firm and the information is US based, however the internet and none face to face sales come under the same laws in this country.
The above is a guide and if you visit the site you will get a better idea of how to research this problem.

I have asked if this post can be put on this site, I haven't received a reply as yet but the request is there.

In future Please, refrain from contracting whilst under the influence. If you have a problem with pornography or with drink I suggest seeking a professional.
The Citizens advice bureau may be a good start.

kenb has hit the nail on the head with 'we are not a help line' we have important business dealing with reversing what the authorities have put in place to entrap our country our children and ourselves. Although we are willing to pass on information, requests of this nature detract from our purpose. Your plight is not trivial to us, however, in the scheme of things we have provided assistance and this is all we can do.

Please be reminded that we DO NOT give 'ADVICE' nor advice? or Advice either. All posts in response to your request for advise are merely suggestions as to what 'THEY' would do given they were in you situation.

Please continue to read the other posts and whatever you find and or if you get out of your predicament keep us informed. There might be other sites that we find. But like I say it will be an exercise for us in research, and NOT advice.

Namaste, phil;
Don't be surprised to discover that luck favours those who are prepared
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Re: Verbal contract advice?

Postby kevin » Wed Jun 01, 2011 10:45 pm

as far as I am aware under contract law you need to be in a fit state of mind to enter into a contract
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