Hello,
Apologies for the length of this but I could really do with some advice.
I am in a situation and need to know where I stand from a legal perspective. I run my own business and in May I paid a non-refundable deposit for a service provided by Andrew. The service was due to start later this year. Following this, Andrew offered me a place on an excursion for £1500. This price was discussed via email/messaging. The invoice link was sent to me from his bank confirming the price, and this was paid.
Andrew sent me a contract for the product purchase late on a Sunday evening in June which was the night before the excursion, and a few weeks after the deposit had been paid. This was obviously after flights, hotels, and other costs had been paid based on the original excursion price, and didn't give me sufficient time to read the contract before departing.
I then went on the excursion but afterwards decided not to proceed with the full purchase of Andrew’s service. I confirmed this in writing with Andrew and accepted that the deposit would not be refunded. Andrew responded saying that due to my not completing the purchase, I would have to pay the full price for the excursion which was considerably higher (about £3000). This additional premium had not been mentioned at all prior to this moment. I confirmed with Andrew that at no point he had mentioned the full price. He responded saying that this was detailed in the (unsigned) contract and also on the invoice link. I checked the invoice link and the description on the invoice had been amended to include a section detailing the additional premium owed should the full product purchase not be completed. I have an invoice screenshot I took the day before which didn’t have any of this additional information, so it appears they have changed it after payment was agreed and completed in order to make me pay the additional. I have spoken to the bank in question and although the agent could not see the exact amendment, they confirmed that something wasn’t right and I was urged to send the details to their fraud investigation team.
I just want this whole thing to go away. I don’t want to be involved in any fraud investigation (Andrew will almost certainly face huge difficulties if his account is suspended pending investigations) but I am extremely disappointed by the whole situation and it is causing massive amounts of stress. I do not believe I am liable to pay any more than what was agreed, I have not signed any contracts, and I am very unhappy that the terms of the invoice have been amended (to suit their story) which I assume must be illegal/fraudulent. I've not been involved in this industry for long and I feel Andrew is essentially bullying me as he knows I am inexperienced, particularly in this situation.
Andrew has apparently obtained legal advice and has threatened to take me to court if the balance isn't paid. I can't see how he can enforce the additional undisclosed payment when no contract had been signed or even verbally agreed, and the amended invoice just feels wrong.
I have contacted citizens advice and they have advised me to send him a letter based on misrepresentation/ false statement of fact prior to any further action from Andrew. As mentioned, I have no experience here and just want it to end!
My main concern is whether the contract is enforceable? The only T&C's agreed/disclosed is the non refundable deposit which is fair enough. There was no hint of any further penalties or payments of any kind should I not proceed to purchase.
Thank you
Apologies for the length of this but I could really do with some advice.
I am in a situation and need to know where I stand from a legal perspective. I run my own business and in May I paid a non-refundable deposit for a service provided by Andrew. The service was due to start later this year. Following this, Andrew offered me a place on an excursion for £1500. This price was discussed via email/messaging. The invoice link was sent to me from his bank confirming the price, and this was paid.
Andrew sent me a contract for the product purchase late on a Sunday evening in June which was the night before the excursion, and a few weeks after the deposit had been paid. This was obviously after flights, hotels, and other costs had been paid based on the original excursion price, and didn't give me sufficient time to read the contract before departing.
I then went on the excursion but afterwards decided not to proceed with the full purchase of Andrew’s service. I confirmed this in writing with Andrew and accepted that the deposit would not be refunded. Andrew responded saying that due to my not completing the purchase, I would have to pay the full price for the excursion which was considerably higher (about £3000). This additional premium had not been mentioned at all prior to this moment. I confirmed with Andrew that at no point he had mentioned the full price. He responded saying that this was detailed in the (unsigned) contract and also on the invoice link. I checked the invoice link and the description on the invoice had been amended to include a section detailing the additional premium owed should the full product purchase not be completed. I have an invoice screenshot I took the day before which didn’t have any of this additional information, so it appears they have changed it after payment was agreed and completed in order to make me pay the additional. I have spoken to the bank in question and although the agent could not see the exact amendment, they confirmed that something wasn’t right and I was urged to send the details to their fraud investigation team.
I just want this whole thing to go away. I don’t want to be involved in any fraud investigation (Andrew will almost certainly face huge difficulties if his account is suspended pending investigations) but I am extremely disappointed by the whole situation and it is causing massive amounts of stress. I do not believe I am liable to pay any more than what was agreed, I have not signed any contracts, and I am very unhappy that the terms of the invoice have been amended (to suit their story) which I assume must be illegal/fraudulent. I've not been involved in this industry for long and I feel Andrew is essentially bullying me as he knows I am inexperienced, particularly in this situation.
Andrew has apparently obtained legal advice and has threatened to take me to court if the balance isn't paid. I can't see how he can enforce the additional undisclosed payment when no contract had been signed or even verbally agreed, and the amended invoice just feels wrong.
I have contacted citizens advice and they have advised me to send him a letter based on misrepresentation/ false statement of fact prior to any further action from Andrew. As mentioned, I have no experience here and just want it to end!
My main concern is whether the contract is enforceable? The only T&C's agreed/disclosed is the non refundable deposit which is fair enough. There was no hint of any further penalties or payments of any kind should I not proceed to purchase.
Thank you
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