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The Law & Verbal Agreements

By: Garry Crystal - Updated: 26 Jun 2016 | comments*Discuss
 
Verbal Agreements Legal Binding

Many people are not aware that verbal agreements are in many cases as legally binding as written contracts. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.

Conditions of a Verbal Agreement

Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified.

Written Agreements

For any agreement concerning an exchange of services it is a wise idea to have some form of contract or written statement. The contract or statement should include the terms and conditions of the agreement and is particularly helpful if a dispute between the parties occurs.

Complete Verbal Agreements

In order for a verbal agreement to be legally binding the agreement must have reached completeness. This means that all terms and conditions have been reached and agreed regarding services and terms of pay. Agreements will be incomplete when there are still further terms and conditions to be agreed. Agreements in principle will not usually be upheld in court and will not usually be considered complete verbal agreements.

Verbal Agreements and Disputes

If either party has decided to break a contract then the matter can be taken to the legal courts. In most cases the dispute may rest on the justification of the terms of the verbal agreement. There are a few ways that a judge will try and establish the terms of the agreement. These could include investigating what actually happened in practice. This can include the services that were actually undertaken and if any money whatsoever was paid for any services.

Enforcing a Verbal Agreement

Apart from taking the matter to court there are other ways to enforce a verbal agreement. If money is owed then the matter can be passed on to a collection agency to try to enforce the matter for you. The disgruntled party can also apply pressure themselves by sending letter, emails and making telephone calls to the person who is in breach of contract. Copies of all emails and letters should be kept in case the matter does reach the law courts.

Payment before Service

One way of avoiding this sort of dispute ever occurring may be to ask for some form of payment before supplying a service. Although the customer may not always agree to this it may be an option to consider. In some cases if a person is going to breach a contract and withhold payment then the odds are they may never have intended to pay for the service in the first place. In many cases though a customer may not like the idea of paying for a service until the job is completed for fear of non completion.

Threatening court action for breach of a verbal contract may not actually help the matter at all if one party intended not to carry through on the agreement. However the law does consider complete verbal agreements as Legally Binding and the matter can be brought to the law courts for a judge to make the final decision.

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I purchased a vehicle at a buy here pay here lot and 2 months later I returned it because the owner said he would re finance my money for the vehicle but since the insurance did not pay for the broken side mirror and the small scuff mark on the door he refused to pay. He alsostated that I could not purchase the vehicle back from this agreement we made so idk what to do and oh i put my truck on my mom insurance and he put a claim on her insurance and it was not insured within 1 week
Nikki - 26-Jun-16 @ 10:50 AM
Hi we got a car on pcp 3 years ago and were under the impression it was due for renewal after 3 years. (Hubby and I) Today I went car shopping and had told the other car garages that it's due to be swapped in by end of July ... We were then told by another dealer different to the one we are with at the moment that it's actually a 4 year deal meaning we would owe the last years payment if we were to swap it in this year. We were both adamant it was a 3 year deal and came home to check. Only to find out that we have a lease agreement with none of our signatures on. We only have one document with our signature and that's for a 3 year gap insurance. Now we think the sales person at the time lied to us that it was 3 years when it wasn't then gave us four year papers knowing once we read it all we will find out the truth. Where do we stand with this. Are we still leagally bound for another year even though we haven't signed the agreement or do we just tell the dealer and hope they are reasonable enough to let us part exchange with no negative equity or walk away from the deal altogether? The reason why we need a new car is the current one is a fiat 500 and I'm 5 months pregnant so need a bigger car for another child as boot space and car seat space is scarce Help!,
Mizzy - 18-Jun-16 @ 11:44 PM
JJ - Your Question:
3 years ago, I embarked on a venture with my brother, sister and mother to start up a Buy to Let property portfolio. We do not have good occupation related pensions and felt investing in property for our future would be the best option. We were a close family and my parents wanted us to all benefit collectively as equals. However, our individual funds differed massively. In order to make the venture possible my mother and I financed the majority of the capital required. A verbal agreement was made between my brother and sister that they would contribute as much as they could afford initially and going forward they would pay back a fixed amount each month until their debts were repaid. Our portfolio is made up of 4 properties. To make things straight forward we each own 25% which is written on the title deeds to each property. However, my sister reneged on our verbal agreement. She refused to pay the monthly instalments whilst my brother continued to pay with no quibble. We then made another verbal agreement with my sister. Her potion of the profit after tax would be used to pay her debt off to my mother and I. A year down the line my sister has now expressed her desire to exit the venture and have her money back. However she has also had the properties independently valued and is demanding 25% of the total figure. We have detailed accounts which show the exact transactions made by my sister to date. She only put in £21,303.30. My mother, brother and I have stumped up the remaining £173,000 (£57,600 each). My sister has now employed a solicitor. We have received a number of letters over the past few months. In the latest letter they are demanding we pay my sister £96,000. However, they also state that my sister will accept £75,000 if we pay the money to her immediately. If we do not comply they will be taking us to court for the full £96,000. We have not sought legal advice yet. Where do we stand? My sister reneged on a verbal agreement to repay a debt to my mother and I. We are still owed £28,000 and yet she is demanding £96,000. Will the verbal agreement that was made be legitimate in court?

Our Response:
Unfortunately, we cannot advise on this as we can only issue general advice, not specific. I suggest given the amounts involved that you seek legal advice if you wish to argue the case.
ContractsAndAgreements - 3-Jun-16 @ 11:20 AM
3 years ago, I embarked on a venture with my brother, sister and mother to start up a Buy to Let property portfolio.We do not have good occupation related pensions and felt investing in property for our future would be the best option.We were a close family and my parents wanted us to all benefit collectively as equals.However, our individual funds differed massively.In order to make the venture possible my mother and I financed the majority of the capital required.A verbal agreement was made between my brother and sister that they would contribute as much as they could afford initially and going forward they would pay back a fixed amount each month until their debts were repaid.Our portfolio is made up of 4 properties.To make things straight forward we each own 25% which is written on the title deeds to each property.However, my sister reneged on our verbal agreement.She refused to pay the monthly instalments whilst my brother continued to pay with no quibble.We then made another verbal agreement with my sister.Her potion of the profit after tax would be used to pay her debt off to my mother and I.A year down the line my sister has now expressed her desire to exit the venture and have her money back.However she has also had the properties independently valued and is demanding 25% of the total figure.We have detailed accounts which show the exact transactions made by my sister to date.She only put in £21,303.30.My mother, brother and I have stumped up the remaining £173,000 (£57,600 each).My sister has now employed a solicitor.We have received a number of letters over the past few months.In the latest letter they are demanding we pay my sister £96,000.However, they also state that my sister will accept £75,000 if we pay the money to her immediately.If we do not comply they will be taking us to court for the full £96,000.We have not sought legal advice yet.Where do we stand?My sister reneged on a verbal agreement to repay a debt to my mother and I.We are still owed £28,000 and yet she is demanding £96,000.Will the verbal agreement that was made be legitimate in court?
JJ - 2-Jun-16 @ 2:37 PM
In 2013, before the government blocked the tax advantages, I sold my sole trade business as a going concern to a new company that I formed for the purpose.This included a sale of goodwill for value, n which I personally reported a capital gain, and the company reported the goodwill in its accounts and corporation tax return. HMRC is now questioning the goodwill.I can quite understand that its market value might be contentious, and have no problems with having to argue that point. However HMRC are also trying to argue that in the absence of a written sale agreement there was no transfer of goodwill, so that its valuation then becomes moot.It is true that there was no written sale contract.I did not consider it necessary as there was no prospect of either myself personally or my company entering into litigation with the other party to the contract. If you accept that the goodwill had some positive (albeit uncertain) value, can HMRC's argument that there was no transfer be upheld?
1eyedjack - 2-Jun-16 @ 6:05 AM
Rose - Your Question:
I recently won a large sum of money playing bingo. I sometimes go with my brother and on occasion would offer some of my winning to my brother if he was also present when I won. On this particular occasion the sum I won was a large sum. As I claim benefits I decided to declare the winnings so that my benefits can be assessed. I there decided that I would keep all the winnings for myself as I would now loose some of my income. My brother has decided that he was entitled to half of the sum and has commissioned a solicitor to chase me for the money. I have since had several threatening letters from his solicitor and last which I have ignored. Lasts night an agent from the solicitor turned up at my house at 9pm issuing me a letter stating that if I didn't transfer all the winnings to his solicitor they will take me to court as I am in breach of contract. There is no contract, written or otherwise. What is the legal stand on this, and can the solicitor carry out such unsociable and harassing actions to instill fear?

Our Response:
If you won the bingo on the card you bought then the winnings should be rightfully yours and to be dispensed with how you see fit. I can only suggest you seek legal advice and perhaps get a solicitor to outline your own rights. I can't speculate whether this was an actual solicitor your brother sent, but if so they certainly shouldn't be carrying out such aggressive bully-boy tactics.
ContractsAndAgreements - 1-Jun-16 @ 3:02 PM
Shay - Your Question:
( CONTINUE OF MOVING MOBILE HOME NOT OWNING LAND VERBAL AGREEMENT)my story cut off ill finish it on here,I thought 3yrs was going to be hard to do but a yr I would have never bought the place Knowing I would have to move it , find land, fix the place and all etc.ive been here a yr, can she just throw me out like that I own the mobile home on her land, can she have a truck hooked up to my mobile home and pull it down the road, can she make us get off her property since we been here a year. will our original verbal agreement hold up, Can she change the verbal agreement after I purchased the place like that , ETC , PLEASE HELP !!!

Our Response:
I'm afraid as we are a UK-based site, we cannot advise on US-based agreements as the laws will be different in your country. I can only suggest you seek legal advice.
ContractsAndAgreements - 1-Jun-16 @ 2:41 PM
I sold my sole trade business to my newly formed company, including goodwill.There is no written sale agreement.HMRC is arguing about the valuation of goodwill, which is fair game for argument, no issues there.But HMRC is also arguing that absent a written contract of sale there can have been no transfer of goodwill, whatever its hypothetical value might be.Is that right?
1eyedjack - 1-Jun-16 @ 8:02 AM
I recently won a large sum of money playing bingo. I sometimes go with my brother and on occasion would offer some of my winning to my brother if he was also present when i won. On this particular occasion the sum I won was a large sum. As I claim benefits I decided to declare the winnings so that my benefits can be assessed. I there decided that I would keep all the winnings for myself as I would now loose some of my income. My brother has decided that he was entitled to half of the sum and has commissioned a solicitor to chase me for the money. I have since had several threatening letters from his solicitor and last which I have ignored. Lasts night an agent from the solicitor turned up at my house at 9pm issuing me a letter stating that if i didn't transfer all the winnings to his solicitor they will take me to court as I am in breach of contract. There is no contract, written or otherwise. What is the legal stand on this, and can the solicitor carry out such unsociable and harassing actions to instill fear?
Rose - 1-Jun-16 @ 6:08 AM
( CONTINUE OF MOVING MOBILE HOME NOT OWNING LAND VERBAL AGREEMENT) my story cut off ill finish it on here, I thought 3yrs was going to be hard to do but a yr I would have never bought the place Knowing I would have to move it , find land, fix the place and all etc. ive been here a yr, can she just throw me out like that I own the mobile home on her land, can she have a truck hooked up to mymobile home and pull it down the road, can she make us get off her property since we been here a year. will our original verbal agreement hold up, Can she change the verbal agreement after I purchased the place like that , ETC , PLEASE HELP !!!
Shay - 1-Jun-16 @ 2:06 AM
Hi , I had a family member sell a mobile home but not the land. 2 years later aprox that person sold me the mobile home and my agreement with the family member who owns the land was if I purchased the mobile home I had 3 yrs to move it and not to alter the land and lot rent was to be $75 a month if I mowed. The Place was a dump and needed alot of work, all the floors needed fixed, the water lines were all broke, everything needed fixed , there was no siding on the back of the mobile home, etc ,She was suppose to write up an agreement and we were to sign it, she never did, she lives in another State! A week after I purchased the place she called me and said neighbors were complaining about me and if it kept up I had to move the place, I told her I see where shes going, she got the place sold now shes changing the deal right away, she hung up . a week later she came into town and my mother told the family member that the well isn't working and I have to haul in water and the family member said don't worry about the $75 a month but I should find property and move the mobile home asap. During this time I put gravel in the driveway, kept the yard mowed, cleaned the place up it was a dump. I messaged her about a month ago and told her I been looking for property and who moved the mobile home originally for her so I could get a quote . SHE NEVER ANSWERED, SHE was suppose to come to town twice and stop in when she was here, she never stopped over when she was in town. So I messaged her today and told her I been looking for property still and I'm putting a off grid water system in for it to stay so when she moves back she can use it and in a week I'm putting more gravel in the drive way. She sends a text that sorry but our agreement was that in a yr I had to move and the end of june is my year . I told no she never told me that , and she asked if she should 3way my mom to refresh my memory, I said yes, because she may have said that to someone else but not me .She went on to text me that either ill move it or shell have it moved and I replied well it is what it is ill do what I can but so she knows shes really Screwing me . She starts flipping out that I'm running my mouth and shell be in town in 2 weeks I can run my mouth to her face, I asked her what she going to do assult me , she then goes on to say now I only have 2 weeks to move the home. I said my as well make it a week because I'm going to accomplish the same thing In a week. my mom comes over and texts her on my phone and tells her she never said we had a year and of course shes saying she did and then my mom tells her were looking for land, well have it gone asap but its not going to be in 30 days and her reply was well its going to be moved our way or her way but its going to be moved. Now b4 I bought the place she was nice as pie saying I could have my son move in which he did, and I will save money and I have 3 yrs to find property , I was thinking its going t
Shay - 1-Jun-16 @ 1:58 AM
Hi I have recently been fired. I had a verbal agreement before I was fired of how much pay I would get for my wage including commission. This was met with performance. I was paid my wage ( including pay in lieu of notice) however not my commission. I only signed the agreement in which I was terminated from the verbal agreement. I would like to know if I am still entitled to the commission. I worked extremely hard for it. I was never told that if I was to be fired I wouldn't receive it. In addition I repeatedly asked for a written contract (for around 2 months) And a day before I was fired I was given it. Does this mean anything? I also read the contract after and it suggest that the commission scheme is run by the company in absolute discretion. Which means I have no rights to claim it back. But this was never mentioned to me. And I am scared they will use it against me.Please may I be given some advice.
Amaix - 29-May-16 @ 11:27 AM
bolo12 - Your Question:
We are an animal charity run by trustees with an employed manager.The manager was employed on a verbal contract more than 20 years ago, but the last of the trustees present at that time passed away some years ago.As the current trustees have no knowledge of what was verbally agreed, is that verbal contract still legally binding?The charity has grown considerably over the years and we have tried to negotiate with our manager to vary his terms of employment, but he will only stick by his original verbal agreement, the details of which are now only known by him and on which he is not very forthcoming.Therefore is there anything we can do?

Our Response:
You would have to seek legal advice regarding this. The verbal contract could still be legally binding due to the fact it was agreed more than 20 years ago. Therefore, I advise you look through past records to check if there is anything written down regarding his employment. However, a charity should produce a written agreement, but in trying to implement this you would have to tread cautiously as if changes are made without consent it may entitle your manager to resign and bring a claim for unfair constructive dismissal. If you have any doubts you may also wish to give ACAS a call.
ContractsAndAgreements - 27-May-16 @ 10:23 AM
Mehdi - Your Question:
2 years ago I made an agreement with my neighbour(who is a builder) to redo the external rendering of my house. I have email records of the detailed work I requested alongwith his replies/quote. The builder didn't officially invoice me but I paid the full amount for the work in cash as requested. I did not get him to sign any receipts. During the works, while the render was being removed on the front 1st floor bay window the single brick bay wall was structurally damaged/collapsed inwards in several places. The builder repaired the wall and redid the external and internal redecoration in july 2014. Since winter last year there is significant damp and water penetration/mould. Since Jan16 I have informed him that the work was not done to a reasonable standard. The existing damp proof membrane in the wall has clearly been damaged. I secretly recorded my last mobile phone conversation with him wherein he acknowledges the wall was damaged and receipt of payment. However he claims this is condensation due to my having a PC there. Do I have sufficient evidence to take him to court successfully?

Our Response:
I can only suggest you seek legal advice here. Paying cash and getting no receipts are a tricky thing to prove. A trip to a solicitor for some advice and perhaps a letter to him threatening court may jolt your builder into re-doing the work and save the hassle of court.
ContractsAndAgreements - 26-May-16 @ 11:41 AM
We are an animal charity run by trustees with an employed manager. The manager was employed on a verbal contract more than 20 years ago, but the last of the trustees present at that time passed away some years ago. As the current trustees have no knowledge of what was verbally agreed, is that verbal contract still legally binding? The charity has grown considerably over the years and we have tried to negotiate with our manager to vary his terms of employment, but he will only stick by his original verbal agreement, the details of which are now only known by him and on which he is not very forthcoming. Therefore is there anything we can do?
bolo12 - 26-May-16 @ 10:26 AM
2 years ago I made an agreement with my neighbour(who is a builder) to redo the external rendering of my house. I have email records of the detailed work I requested alongwith his replies/quote. The builder didn't officially invoice me but I paid the full amount for the work in cash as requested. I did not get him to sign any receipts. During the works, while the render was being removed on the front 1st floor bay window the single brick bay wall was structurally damaged/collapsed inwards in several places. The builder repaired the wall and redid the external and internal redecoration in july 2014. Since winter last year there is significant damp and water penetration/mould. Since Jan16 I have informed him that the work was not done to a reasonable standard. The existing damp proof membrane in the wall has clearly been damaged. I secretly recorded my last mobile phone conversation with him wherein he acknowledges the wall was damaged and receipt of payment. However he claims this is condensation due to my having a PC there. Do I have sufficient evidence to take him to court successfully?
Mehdi - 25-May-16 @ 2:11 PM
i would like some serious legal advice I recently was told that I had to move out, by they verbally saying this and telling me I owe them the sum of 2,127.43 in back owed rent now again this was a verbal agreement I was taking upon when my landlord said would pay me a wage for working in7.25as verbally agreed upon that until I was able to get another job I could work off my rent. I WANT TO KNOWWHAT MY LEGAL RIGHT IS TO THIS :: nowI have keep records of thisin the way of hours 7.25 times 4 hours a day for six days a week is a sum total 174 a week he has failed to take weekly pay outin the sum of 174 to the total amount stated aboveand has also failed to report that I am legally working in this store from March 15th to May 20th now I have been adding this up in everway possibleif you take the 174 a week times that y the standard four weekswould be 696 a month now mind they aren't taking out taxes for ths either so if I took 696 and times that by three months is 2,088 dollarehe leagal say still owe himI would like to know what to do about thisregardless I will be moving with my security deposit cause he says he has a legal righto keep it
puzzled35 - 25-May-16 @ 7:15 AM
@Ab Fab - ring them up and ask if they record the calls for training and monitoring purposes - if the adviser said what you stated then they they have broken the agreement and this could be your get-out clause.
Charlie56 - 23-May-16 @ 11:19 AM
At my business premises I have been with my energy supplier for 12years always paying a fixed amount each month by direct debit. I have recently changed supplier as the broker said I would be saving quite a lot of money, I asked her several times during the call if I could continue to pay in the same way as I like to know what I'm paying each month, & she said yes. She read the verbal contract over the phone @ which point I said I agree & can you confirm that I can pay fixed amount each month she answered yes. Now I'm receiving really high bills, my new supplier didn't ask or come & take a meter reading so now they are saying I owe quite a lot for just one month. I said I wished I'd never changed, she said your in a 3yr contract & the broker should never have said that to you as we don't work like that. I have received my contract but haven't signed it, is there any way I could get out of it & go back to my previous supplier. Many thanks
Ab Fab - 22-May-16 @ 10:20 AM
Ginger - Your Question:
Hello, I had a verbal agreement to purchase 30 possibly more hanging baskets from a local nursery at a discounted price because of the quantity I was getting, I told the owner of the nursery that I would be back in two days to pay for them with a check, he was agreeing on the terms. When I went to pay for the product he refused to sell them to me, he said that after discussing it with his wife, that he wouldn't be making enough money for his efforts. I then attempted to renegotiate an different price and he still refused to sell to me. Just out of curiosity I asked if he would sell the product at full price, and he still refused to sell. I had to at the last minute find somewhere else to buy the baskets, costing me a much higher price because I didn't pre-order them can I sue the owner for breaking this verbal agreement, for damages ? It was a difference of $9 per basket. Plus all my anguish and running around?

Our Response:
I'm afraid we cannot answer this question fully as we are a UK-based site with knowledge of only UK consumer law. However, as a rule a retailer as the choice whether or not they wish to sell an item to a person regardless of a verbal agreement.
ContractsAndAgreements - 20-May-16 @ 10:47 AM
Hello, I had a verbal agreement to purchase 30 possibly more hanging baskets from a local nursery at a discounted price because of the quantity I was getting, I told the owner of the nursery that I would be back in two days to pay for them with a check, he was agreeing on the terms. When I went to pay for the product he refused to sell them to me, he said that after discussing it with his wife, that he wouldn't be making enough money for his efforts. I then attempted to renegotiate an different price and he still refused to sell to me.Just out of curiosity I asked if he would sell the product at full price, and he still refused to sell.I had to at the last minute find somewhere else to buy the baskets, costing me a much higher price because I didn't pre-order them can I sue the owner for breaking this verbal agreement, for damages ? It was a difference of $9 per basket. Plus all my anguish and running around?
Ginger - 19-May-16 @ 3:47 AM
Lou1se - Your Question:
Hi I upped my contract hours a few months back from 16 hours to 24 after previously being on a flexi. At the time I was planning on upping my flexi but my manager convinced me just up my hours and he would honour what I could work (I have 2 small children) we agreed I'd work all day Tuesday one eve (mon-thu) and alternative weekends one on one off. This is solely down to childcare. I've just been put in all day on bank holiday Monday and he's told me that we have no official agreement and he said I would be expected to work bank holiday. My question is what are my rights if he decides that he will no longer honour our agreement? He's already put me in on one off my weekends off which I agreed to as a favour. He can be very petty and I just wanted to know where I stand if I refuse. I work for a very all known high street brand and wondered what my rights are ? I do have some text discussing our agreement and have worked these hours since Feb and can prove it.

Our Response:
You would need to refer to the terms of your contract and what you have agreed to when signing it. You don't say whether your contract was renewed when you decided to increase your hours. Regardless of whether your employers says verbally he will honour your working patterns, if the contract says otherwise, then it is the contract terms that will stand.
ContractsAndAgreements - 18-May-16 @ 12:06 PM
Hi I upped my contract hours a few months back from 16 hours to 24 after previously being on a flexi . At the time I was planning on upping my flexi but my manager convinced me just up my hours and he would honour what I could work (I have 2 small children) we agreed I'd work all day Tuesday one eve (mon-thu) and alternative weekends one on one off . This is solely down to childcare. I've just been put in all day on bank holiday Monday and he's told me that we have no official agreement and he said I would be expected to work bank holiday. My question is what are my rights if he decides that he will no longer honour our agreement? He's already put me in on one off my weekends off which I agreed to as a favour. He can be very petty and I just wanted to know where I stand if I refuse . I work for a very all known high street brand and wondered what my rights are ? I do have some text discussing our agreement and have worked these hours since Feb and can prove it .
Lou1se - 17-May-16 @ 5:52 PM
I work with room reservations and program registration.This is a question in regard to the paragraph that covers liability, hold harmless, cancellation and refund policy, etc., at the bottom of the form. When they book over the internet they click the "I agree" box, in person you have the actual signature. When taking a booking over the phone, is payment considered acceptance? If not, what is considered acceptance for phone transactions?
Curious - 5-May-16 @ 4:24 PM
I am somewhat confused by this article. If verbal contracts are legally binding, how is it that if, say, a masseuse, therapist, personal trainer, etc, makes a verbal contract for a session with a client, also clearly stating their cancellation policy, and that session was booked over the phone, then the client CAN cancel the appointment last minute, or simply not turn up, completely ignoring the cancellation policy (even if it were in writing).This is, apparently, the law in England because any service that is offered and booked *not on premises* is entitled to a 14 day "cooling off period" regardless of subsequent oral/verbal or written "cancellation fee" for missed or abandoned appointments. At least that's what the Citizen's Advice Bureau are telling me. I would be very interested to hear your view on this.
ConfusedOnContracts - 28-Apr-16 @ 11:36 AM
Hi, I went in for a dental check up and I was advised to go to the hygienist to get a thorough clean before having a tooth removed. The hygienist only works Tuesdays and as I was paying for my check up, I was advised that in order to make an appointment with the hygienist I would have to pay up front. Due to the Hygienist being ill on the Tuesday set, they rearranged the appointment meaning I had to rearrange things with work. In the mean time I had another appointment cancelled by them for the tooth removal and that had to be moved too. I went today for the hygienist and set off well before my appointment, but due to traffic I was unable to make it in time. My girlfriend rang up on my behalf, as I did not have the number, to let them know I was going to be late, but by the time I got in to town, I was well over the grace period, so I had my girlfriend call them again to try to rearrange the appointment. She was told that I would loose my "deposit" as they referred to it and if I re booked I would have to pay again. At no point when I was paying in the first place was I told that if I couldn't attend for what ever reason I would forfeit the money I have paid. Should I have been told this as part of the verbal contract? or are they able to assume that it is implied and that I should understand that that is a condition of me paying up front? Thanks.
Worboys - 26-Apr-16 @ 9:30 PM
Hi, I went in for a dental check up and I was advised to go to the hygienist to get a thorough clean before having a tooth removed. The hygienist only works Tuesdays and as I was paying for my check up, I was advised that in order to make an appointment with the hygienist I would have to pay up front. Due to the Hygienist being ill on the Tuesday set, they rearranged the appointment meaning I had to rearrange things with work. In the mean time I had another appointment cancelled by them for the tooth removal and that had to be moved too. I went today for the hygienist and set off well before my appointment, but due to traffic I was unable to make it in time. My girlfriend rang up on my behalf, as I did not have the number, to let them know I was going to be late, but by the time I got in to town, I was well over the grace period, so I had my girlfriend call them again to try to rearrange the appointment. She was told that I would loose my "deposit" as they referred to it and if I re booked I would have to pay again. At no point when I was paying in the first place was I told that if I couldn't attend for what ever reason I would forfeit the money I have paid. Should I have been told this as part of the verbal contract? or are they able to assume that it is implied and that I should understand that that is a condition of me paying up front? Thanks.
Worboys - 26-Apr-16 @ 8:32 PM
I asked a friend to assist me do my school project work. Six months after completion of the project work, we had some misunderstandings which, in the actual sense, does not relate to the project work. He later sued me at court for entering into a verbal agreement of paying a sum of USD 2,000.00 to him in relation to my project work. This verbal agreement that he was talking about is never true. What possible defense do I have?
NK - 19-Apr-16 @ 6:08 PM
We had ordered a new kitchen for approximately £12000. Mid February 2016 we paied a deposit of £500. The company sent confirmation of order 23 February. On the 9 Match having considered the cost we decided to cancel the order and sent a letter to confirm cancellation. There was no response so we sent a recorded delivery copy of the letter on 24 Match. The company replied on the 2 April saying we still need to pay £580 for costs incurred, should we pay this as they are threatening legal action. In my opinion the money paid to date should cover the costs. Any advice on how to answer this demand.
wolf - 7-Apr-16 @ 9:54 PM
I am currently living in Dubai and I have been informed by the HR manager of a UK University in Dubai that I have been chosen to fill in the role that I have applied for. I was informed over the phone and during our conversation the HR manager has also informed me that before she can send my contract the Chairman would need to approved it first. The HR manager went for a vacation and her assistant cannot follow-up with the chairman. My question is, can I take legal action should they decide not to approve my contract? It has been three weeks now since I have been informed that I have been chosen to fill in the position. I do regularly follow-up with the assistant who by the way refuses to follow-up on the status of my contract with the chairman.
rinna - 7-Apr-16 @ 9:45 AM
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