Company changing T&Cs

Mr. 2

Can anyone tell me what are the implications, if any, for a company changing their T&Cs to suit their defense against a complaint from a consumer?

I got a job done a few months ago that was not completed satisfactorily. The supplier is not accepting responsibility and is saying that their T&Cs on their website imply I was at fault. It is true that the T&Cs would put me at fault, but they only just changed them after the complaint. I can find an online cached version of their old T&Cs dated after the job was done, and dated just two weeks before the new T&Cs were created.

Can a cached version of T&Cs be used in a case like this? I have it in writing from them that two things I failed to notify them about are in their T&Cs. But they are not in the T&Cs that were on the website when they did the job. Its so obvious that they changed their T&Cs based on my complaint.

GerardKeating

Mr. 2 wrote: »

Can anyone tell me what are the implications, if any, for a company changing their T&Cs to suit their defense against a complaint from a consumer?

I got a job done a few months ago that was not completed satisfactorily. The supplier is not accepting responsibility and is saying that their T&Cs on their website imply I was at fault. It is true that the T&Cs would put me at fault, but they only just changed them after the complaint. I can find an online cached version of their old T&Cs dated after the job was done, and dated just two weeks before the new T&Cs were created.

Can a cached version of T&Cs be used in a case like this? I have it in writing from them that two things I failed to notify them about are in their T&Cs. But they are not in the T&Cs that were on the website when they did the job. Its so obvious that they changed their T&Cs based on my complaint.

What does your solicitor say ?

Paulw

I would say print out the cached T&Cs and also the "new" T&Cs and see what a solicitor has to say. I would be under the impression that, at the time of your contract and work, the older cached T&Cs would apply, but a solicitor will confirm.

Mr. 2

GerardKeating wrote: »

What does your solicitor say ?

He hasn't come back to me yet.

GM228

Only T&Cs in force at the time which form part of the contract are enforceable, not those which they may try to retrospectively apply.

Without knowing any more it's hard to comment any more, other issues such as unfair terms may also come into play even if it turned out these terms were infact in force at the time.

Also what sort of contract did you sign up for - was it online or in person, over the phone etc? I don't believe online terms are valid unless ther is a "click wrap" type of agreement to them, in other words online T&Cs are generally only enforceable for contracts which are concluded by electronic means.

Mr. 2

GM228 wrote: »

Only T&Cs in force at the time which form part of the contract are enforceable, not those which they may try to retrospectively apply.

Without knowing any more it's hard to comment any more, other issues such as unfair terms may also come into play even if it turned out these terms were infact in force at the time.

Also what sort of contract did you sign up for - was it online or in person, over the phone etc? I don't believe online terms are valid unless ther is a "click wrap" type of agreement to them, in other words online T&Cs are generally only enforceable for contracts which are concluded by electronic means.

The quote I got from them was sent by email and says at the bottom that the T&Cs are available on their website.

lifeandtimes

Legal advice can't be given.

However this seems to be a scenario of moving the goal posts to suit themselves which won't fly.

Any solicitor or judge worth his salt will confirm the date of the implementation of the terms and evidence to support this.

The outcome is obvious if it's found to be changed in their favour prior to a court case

NUTLEY BOY

Presumably, the contract does not provide for any unilateral alterations by the allegedly defaulting party. Otherwise, I would expect the contract terms applicable at the time of formation of contract to apply.