Being sued for equipment hire, but didn't sign a contract

[echat11]

This might be easier to read / understand -

https://www.businesscompanion.info/e...lectronicmeans

[pt2537]

Thanks for this pt2537

Unfortunately, there are 47 sections and 4 schedules, and it's all written in jargon. Can you give me a clue as to where I should focus on or what I'm looking for?

Thanks for your help.

seems to me the right to cancel and the model form hasnt been given to you, therefore you may well have the right to cancel under the regulations because the right extends up to 12 months

[echat11]

Thanks PT2537

RichardD

That is why it's important to know exactly what you received from the hire company, go back to the email / service provider to retrieve the hire company's email.

https://www.which.co.uk/consumer-rig...s-ajWHC8m21cAk

[RichardD]

So I have emailed them saying that I am taking legal advice and asked them to send me their standard contract as I didn't receive it originally.

They emailed back with the contract, the invoice and a screenshot of their booking system showing the date and time the documents were originally sent out.

Can I go back to them and say:

Dear X

Thank you for your email.

Even though your screenshot shows that the documents were sent, it does not show whether they were received or not. Furthermore, looking through the contract it states that "A deposit invoice will be issued to the Client with the booking contract and must be paid strictly within 5 days of the issue date. Deposits are paid via BACS transfer only.”. I received no deposit invoice, nor did I pay a deposit, as you would be aware.

In the same clause the contract states that "If the deposit is not paid within the 5-day period as stated previously then this may be perceived as a breach of contract therefore would free the Supplier from contractual ties. The Client will still be held accountable and liable for the booking deposit.”. As I did not know about a deposit, and did not pay a deposit, the contract has ceased?

Should I say something about the clause "When a booking has been accepted by the Client and the Supplier whether verbally, electronically or written, that booking is confirmed. The fact that the contract has not yet been signed and returned does not invalidate the booking or acceptance of these terms." being unfair/unenforceable/pointless?

Should I say something about the fact that they said in one of their early emails that they would send me a contract and I didn't receive one (even though they sent it), meant I was not aware of their terms & conditions around cancelling and didn't even know if we had completely confirmed the booking (as I hadn't signed a contract to that effect). If the contract and deposit were so key, why did they not ring and query/chase?

Is there anything else it would be useful to include? How should I end the email?

Thanks

[RichardD]

No advice?

[MIKE770]

so many have other family commitments so be patient

[echat11]

No advice?

It might be an idea to make a copy of the documents they sent you, delete all the personal details, then attach the documents to a post. To get a better idea of what they've actually sent.

[pt2537]

It might be an idea to make a copy of the documents they sent you, delete all the personal details, then attach the documents to a post. To get a better idea of what they've actually sent.

indeed i think we need to see what they sent