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My son signed a contract with a photo studio in December 2023. He was sold a package, lured all the promises and he paid a deposit of £150. He was left to wait for hours and after asking how long he had to wait, the staff became rude and aggressive. He felt increasingly unsettled and nervous and decided everything feels wrong. He asked a few time but no one can give him any information about how long he had to wait. He decided to leave after waiting for more than 5 hours without any information but was shouted at when he left. He was not in a good place mentally. He did not deal with at the time and did not tell us. Nothing happened so he simply thought that it has gone away. A debt recovery law firm emailed him on 21st September subject: An Important Notice, stating this has been escalated to the next stage of their legal process. Then he received a Letter Before Claim on 24th September threatening court action and damage credit score. Looking at the contract closely, it has a 10 months Agreement duration hence the threats started to arrive. It has unfair Terms and Conditions such as, ‘The customer understands that once they leave the premises they shall agree not to cancel or reduce the order.’ And ‘When there is a balance outstanding, this contract remains non cancellable.’ The initial amount on the contract was different to the amount (£427 more) on the Letter Before Claim. My son did not cancel the contract. He was very vulnerable at the time and that he was manipulated and put under pressure to sign the contract that prey for vulnerable young people. He was promised the world and ended up with nothing. My question is that apart from settling the amount, what are our rights and that what can be the best outcome? Any advice is very much appreciated. Many thanks.
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Hi DPTM
Welcome to LB
What does the contract say about the 'waiting time'?
When he arranged the photo shoot package, what was stated regards the time?
Just because there are Terms and Conditions, doesn't mean they are 'fair', they maybe 'unfair'.
https://www.fca.org.uk/firms/unfair-...s-unfair-terms
Ultimately it's Judges / Courts who make decisions on whether Terms and Conditions are 'fair or not'.
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Hi and thank you for your reply. There is no waiting time if you mean cooling off period. It stated 'The customer understands that once they leave the premises they shall agree not to cancel or reduce the order.' and 'I understand that once I leave the premises, I cannot cancel or reduce the order.' We are also unclear if my son has actually signed any contract as he was not in a good place mentally at the time.Originally posted by echat11 View PostComment
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We are replying using the Reply Form provided by the debt recovery firm and we understand we have a further 30 days from the date we send the letter. with a cover letter. We would like to dispute the contract.Comment
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Hi and thank you for your reply. There is no waiting time if you mean cooling off period. It stated 'The customer understands that once they leave the premises they shall agree not to cancel or reduce the order.' and 'I understand that once I leave the premises, I cannot cancel or reduce the order.' We are also unclear if my son has actually signed any contract as he was not in a good place mentally at the time.Comment
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The only implication of date is the date of his visit which is 15.12.2023. There is also Duration of Agreements which is 10 months. In the terms and conditions, it stated 'Please allow 6 weeks for goods to be delivered, once the balance has been Paid in Full.' These are the only wordings in the contract that are related to any 'time' 'date indication.Comment
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I'm referring to the following,Originally posted by DPTM View Post
What does the contract say about the 'waiting time'?
When he arranged the photo shoot package, what was stated regards the time?
'He decided to leave after waiting for more than 5 hours without any information but was shouted at when he left.'
I suspect they have awful reviews online and your son isn't the first to fall foul of their Terms and Conditions.
To me it sounds like a 'business model'.Comment
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How old was your son on the date he signed the contract in December 2023?All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.Comment
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Thank you for your reply. He just turned 20 and I know in this case it is not in his advantage. He was not in a good place mentally but was manipulated with big promises and lots of compliments about his look etc to lure him in. I am sorry to sound emotional and that I am doing best to stay calm but this is just so wrong and unjust.Comment
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That is the thing, there is not 'waiting time' specified in the contract and that there is no way to cancel unless you settled the amount. There are statement saying 'I understand that once I leave the premises, I cannot cancel or reduce the order.'Comment
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Thanks for your reply. My son cannot remember and is unable to find the exact time the shoot was. Sorry.Comment
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The contract did not say anything about waiting time.Comment
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Firstly you need to calm down, do something you enjoy when you get stressed, make tea, listen to music etc.Originally posted by DPTM View Post
I would contact CAB / Trading Standards, so you can lodge a complaint with them. They will give you a Reference Number that you can write on the following letter.
Update the thread when you've that.
https://www.which.co.uk/consumer-rig...s-ax9MJ6q9oCb2Comment
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Thank you very much and you are so right that I need to calm down but this makes my blood boiled. How can companies are allowed to prey on a vulnerable young person. I will definitely take your advice on doing something enjoyable to deduce my stress. Cup of tea always help and it is free. Thanks again for the letter.Comment
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A term in a contract is legally regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer.
In my opinion the company is in breach of Part 2 Section 62 Requirements for Contract Terms and Notices to be Fair
(4) A term is unfair if .(as above)......................
I agree with you, that the term about the customer not being able to cancel or reduce the order once they have left the premises is unfair
My advice is to reply to the LBA on behalf of your son, stating he will vigorously defend any claim on the grounds that the contract terms were unfair and did not comply with Section 62 of the Consumer Rights Act. You should also point out your son was vulnerable at the time and did not deserve to be shouted atComment
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