Holding deposit being used as unsigned contract

[jannijan]

I was offered a service a few years ago and to give me time to think about going ahead I paid a small deposit. I decided not to go ahead but was told I had signed up to a contract. I had no copy of any contract and when I was emailed one, it was unsigned and dependent on the service I was interested in starting. The service never did start. Now I've been notified of a money claim against me. Am I right to say that acceptance, i.e. of an ad proof, is needed for there to be a contract in place? I approved nothing.

Apologies, I didn't realise I was on the welcome forum when I posted this, so hello everyone. As you can probably guess, I'm looking for guidance and would appreciate any legal views on my situation.

[Scot22]

Without acceptance a contract is invalid. Otherwise there would be a ridiculous situation of unilateral contracts. This would be absurd.

[jannijan]

Thank you Scot22. I just wasn't sure what "acceptance" actually was. I paid a holding deposit for a series of adverts and the only thing discussed was cost. The guy told me I had 30 days to think about it as others were interested, hence the small deposit. A few days later, I notified him via text to say I couldn't afford it and had changed my mind. I then started getting demands for payment on a "contract". The salesguy had left a glossy folder but all that was in it was a brochure and a business card, no "contract". A contract was then produced, dated five days after I had seen the salesguy, and there's only a black mark where my signature should be. No advert was ever approved by me and nothing appeared anyway as it was supposed to appear yet they were still demanding money on this "contract". I just wanted to get it right as I now have to respond to their money claim which I've just been notified of and have just acknowledged online, asking for an extra 14 days to respond. This is all about three years old now but this claim has sharpened my memory of events which stink of fraud.

[Sam101]

The salesman is obviously on a commission and trying not to loose a prospect that he may have told his boss he had. Contact the company and explain the circumstances.

Presumably you have the e-mailed notice not to proceed. Demand return of your deposit to avoid action being taken for recovery and the company name should be mentioned to help others who may be cheated in a similar way.

Unfortunately some salesmen are not at all honest in their dealings. Let us know how you get on.

[atticus]

You say that you have been notified of a money claim against you. Does this mean that you have received a County Court Claim Form?

What do you mean by "ad proof"?

[jannijan]

Thank you too to Sam101 and Atticus for responding. I don't want to say too much on here as I believe the lot I'm dealing with trawl all sites and I'm not the only one they have targetted as the internet is awash with similar complaints to mine. That's why I haven't named them. I hope this answers your question Sam101. Yes, it's a money claim through the courts service, gov.uk. Again, I can't say too much but I paid a holding deposit to give me time to think about it. It wasn't taken that way and the next thing I know I hear from a company I hadn't dealt with - related to the salesman's company (all part and parcel of the same organisation) demanding money. I had no "contract" but, four months down the line they tried to say I had been emailed a copy and attached a copy. It was my first sighting of any "contract". Hence my question about the conditions required to constitute a contract. I hope this answers your question. Thank you both for responding.