Verbal Contract v Written Cancellation

Claregirl

Hi all!!

What would the legal position be regarding a "cold call" from a telephone company where a contract is agreed verbally but written notification is sent to the company the following day to cancel the verbal contract?

Can the verbal contract be enforced?

Sorry if this should be posted in Consumer Issues please feel free to move. I wasn't sure whether to post here or not.

passive

Claregirl wrote: »

Hi all!!

What would the legal position be regarding a "cold call" from a telephone company where a contract is agreed verbally but written notification is sent to the company the following day to cancel the verbal contract?

Can the verbal contract be enforced?

Sorry if this should be posted in Consumer Issues please feel free to move. I wasn't sure whether to post here or not.

There's almost certainly a cooling off period. What kind of a company or product does this relate to?

gowley

THERES A COOLING OFF PERIOD ON MOST CONTRACTS SO THE WRITTEN ONE SHOULD OVERWRITE THE VERBAL. VERBAL CONTRACTS NOT WORTH MUCH

valleyoftheunos

There are specific regulations relating to contracts concluded over the phone or "away from a place of business", Citizensinformation.ie is your friend here.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

Tom Young

That's incorrect.

Verbal contracts are enforceable via a process called Third Party Verification and the recordings are admissible under the eCommerce Act 2000, as digital agreements and signatures. Similarly, oral contracts can be enforced via oral/parole evidence.

Recorded say Telecoms services contracts do have a cool off.

I really wish posters would check before posting their views on something they may not be fully versed on/in. People are often misled be inaccurate information.

If you're concerned about an oral contract made over the telephone request a script/recording of the call, or under s.4 of the Data Protection Act 1988 as amended.

gowley

Tom Young wrote: »

That's incorrect.

Verbal contracts are enforceable via a process called Third Party Verification and the recordings are admissible under the eCommerce Act 2000, as digital agreements and signatures. Similarly, oral contracts can be enforced via oral/parole evidence.

Recorded say Telecoms services contracts do have a cool off.

I really wish posters would check before posting their views on something they may not be fully versed on/in. People are often misled be inaccurate information.

If you're concerned about an oral contract made over the telephone request a script/recording of the call, or under s.4 of the Data Protection Act 1988 as amended.

SO ARE VERBAL CONTRACTS ENFORCEABLE OR DO THEY HAVE A COOLING OFF PERIOD

Tom Young

OP: yes, usually 14 days cool off in which the contract can be rescinded, though the company may not be in compliance with regulatory guidance.

Complaint to ComReg if problems.

Tom Young

gowley wrote: »

SO ARE VERBAL CONTRACTS ENFORCEABLE OR DO THEY HAVE A COOLING OFF PERIOD

I've answered that above.

Verbal/recorded contracts are enforceable, and there should be a cool off period.

As you'll be aware, the two concepts are different.

gowley

Tom Young wrote: »

OP: yes, usually 14 days cool off in which the contract can be rescinded, though the company may not be in compliance with regulatory guidance.

Complaint to ComReg if problems.

SO WHATS INCORRECT ABOUT ANY OF THE ABOVE POSTERS IN REPLY TO THE QUESTION

Tom Young

Sure: This part here ->

gowley wrote: »

VERBAL CONTRACTS NOT WORTH MUCH

Kristopherus

gowley wrote: »

SO WHATS INCORRECT ABOUT ANY OF THE ABOVE POSTERS IN REPLY TO THE QUESTION

Why the CAPITALS? Posting in that manner is construed as SHOUTING on social forums, and is definitely not koshur on Boards.ie.

gowley

Tom Young wrote: »

Sure: This part here ->

THE ORIGINAL QUESTION ASKED CAN THE VERBAL CONTRACT BE ENFORCED AFTER IT WAS CANCELLED IN WRITING THE NEXT DAY. THE ANSWER IS NO AS THERE IS A COOLING OFF PERIOD. THE WRITTEN REPLY THE NEXT DAY OVERWRITES THE VERBAL AGREEMENT PREVIOUSLY. WHATS THE ISSUE SAYING VERBAL CONTRACTS ARENT WORTH MUCH IN THIS INSTANCE????

Claregirl

Thanks a mill for the rapid replies:D

Cold call came from Eircom as I was running out the door for work offering a new package to save me money on my existing package I agreed to it and then thought better of it particularly as I knew there was a new service provider entering the market and after getting a roasting from the OH

I e-mailed them the following day because I wanted a written record of the request to cancel the contract however as I didn't ring 1904 to cancel they are trying to enforce the contract.

No written terms and conditions were subsequently provided if this makes a difference?

gowley

DEPENDS A LOT ON THE TIME FRAME. I THINK YOU SHOULD BE ALRIGHT AS LONG AS A COUPLE OF WEEKS HASNT GONE. DONT WANT TO UPSET TOM THOUGH AND THIS IS ONLY MY OPINION. IF YOU AGREE SOMETHING VERBALLY AND CHANGE YOUR MIND IN WRITING IN THE NEXT 7 DAYS THROUGH THE CORRECT CHANNELS YOU WILL BE FINE. DONT LET THEM BULLY YOU INTO ANYTHING AND HOPE THE OH HAS CALMED DOWN

Tom Young

gowley wrote: »

THE ORIGINAL QUESTION ASKED CAN THE VERBAL CONTRACT BE ENFORCED AFTER IT WAS CANCELLED IN WRITING THE NEXT DAY. THE ANSWER IS NO AS THERE IS A COOLING OFF PERIOD. THE WRITTEN REPLY THE NEXT DAY OVERWRITES THE VERBAL AGREEMENT PREVIOUSLY. WHATS THE ISSUE SAYING VERBAL CONTRACTS ARENT WORTH MUCH IN THIS INSTANCE????

Yes, but a verbal contract simpliciter can be enforced, that's the starting point, and must be considered with the problems that could flow from that.

Where are cool off period arises, then the contract can be set aside during that period within that time, unless you verbally agree to set aside the cool off period. In such instances, setting aside might not be as simple.

gowley

Kristopherus wrote: »

Why the CAPITALS? Posting in that manner is construed as SHOUTING on social forums, and is definitely not koshur on Boards.ie.

because caps lock was on

gowley

Tom Young wrote: »

Yes, but a verbal contract simpliciter can be enforced, that's the starting point, and must be considered with the problems that could flow from that.

Where are cool off period arises, then the contract can be set aside during that period within that time, unless you verbally agree to set aside the cool off period. In such instances, setting aside might not be as simple.

i would have thought the starting point was the posters question. as it turns out there is a cooling off period with eircom and there should be no problem cancelling if it is down within 7 days.in this case the verbal contract cannot be enforced once it is cancelled within the cooling off period.

Tom Young

Claregirl wrote: »

Can the verbal contract be enforced?

Really? ...

gowley

Claregirl wrote: »

Hi all!!

What would the legal position be regarding a "cold call" from a telephone company where a contract is agreed verbally but written notification is sent to the company the following day to cancel the verbal contract?

Can the verbal contract be enforced?

Sorry if this should be posted in Consumer Issues please feel free to move. I wasn't sure whether to post here or not.

no it cannot be enforced once written notification was sent through the correct channels the following day, the cooling off period does extend to the next day.

ResearchWill

gowley wrote: »

DEPENDS A LOT ON THE TIME FRAME. I THINK YOU SHOULD BE ALRIGHT AS LONG AS A COUPLE OF WEEKS HASNT GONE. DONT WANT TO UPSET TOM THOUGH AND THIS IS ONLY MY OPINION. IF YOU AGREE SOMETHING VERBALLY AND CHANGE YOUR MIND IN WRITING IN THE NEXT 7 DAYS THROUGH THE CORRECT CHANNELS YOU WILL BE FINE. DONT LET THEM BULLY YOU INTO ANYTHING AND HOPE THE OH HAS CALMED DOWN

Why the capitals?

ResearchWill

OP this may be of assistance http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

valleyoftheunos

First off, a contract is a contract, it doesn't matter whether its written or not it's enforceable except if it's a contract for the sale of land. Obviously that particular exception doesn't apply here.

I would imagine that in the circs the OP would be able to avail of a 7 Day cooling off period as provided for under the consumer protection regulations of 2003. She should consult the consumer information web page that myself and another poster have linked to.

Procrastastudy

LOL an argument with Tom Young, ResearchWill and Valleyoftheunos on one side and a man that doesn't understand how a keyboard works, let alone a contract, on the other. This has brightened my morning!

Claregirl

Hey guys,

Just wanted to come back and say thanks for all the very helpful posts. I did further research on askcomreg and it gave me the confidence to stand my ground and argue the point.

The issue is now resolved and Eircom state that I am not now bound by the original verbal contract.

So THANKS AGAIN

Victor

gowley wrote: »

THERES A COOLING OFF PERIOD ON MOST CONTRACTS SO THE WRITTEN ONE SHOULD OVERWRITE THE VERBAL.

Actually, few contracts have a cooling off period in them. The cooling off period comes from statutory rights.

VERBAL CONTRACTS NOT WORTH MUCH

The vast majority of contracts are verbal. Your comment doesn't apply in all cases, e.g. if I've just got my hair cut or the waiter has just open that rather expensive bottle of wine as I tuck into my steak.

valleyoftheunos wrote: »

First off, a contract is a contract, it doesn't matter whether its written or not it's enforceable except if it's a contract for the sale of land.

Surely enforceability, whether of terms or conditions, is what contract law is all about? If I arranged for a hit-man to kill you, would that be enforceable (in a court of law)? Would it need to be in writing?

Sale of land isn't the only contract type that needs to be in writing. Certain trusts also need to be, e.g. if I promise you a sum of money for your education, but I receive nothing in return, it would be difficult for you to enforce if it wasn't in writing. The law has also evolved such that other matters need to be covered, e.g. employees are entitled to have their contracts in writing, although the contract would likely be enforceable even if it wasn't in writing.

valleyoftheunos

Victor wrote: »

Surely enforceability, whether of terms or conditions, is what contract law is all about? If I arranged for a hit-man to kill you, would that be enforceable (in a court of law)? Would it need to be in writing?

A contract to kill someone is a contract for an illegality and is entirely unenforceable, in fact I think its void entirely.

Victor wrote: »

Sale of land isn't the only contract type that needs to be in writing. Certain trusts also need to be, e.g. if I promise you a sum of money for your education, but I receive nothing in return, it would be difficult for you to enforce if it wasn't in writing. The law has also evolved such that other matters need to be covered, e.g. employees are entitled to have their contracts in writing, although the contract would likely be enforceable even if it wasn't in writing.

Trusts are entirely different from Contracts and trusts for land must be in writing. What you are describing here is unenforceable, not because it is verbal but because there is no "consideration" from me to you meaning I cannot enforce it even if It is in writing.

There is no rule of law that states that verbal contracts of employment are unenforceable.

Victor

So you agree that not all contracts are enforceable?

valleyoftheunos

Victor wrote: »

So you agree that not all contracts are enforceable?

No of course not all contracts are enforceable but for reasons other than being merely oral or verbal. the example you gave above about Money for my education isn't actually a contract its a bare promise and for that reason is unenforceable by me. The fact that it is not in writing is not relevant.

Peregrinus

Yup. The fact that a contract is verbal rather than written is very rarely a decisive factor in determining whether it is enforceable or not. Contracts of the sale of land are the big exception to this general rule.