Comments on: Can an exchange of emails create a contract? http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/ Sharing lessons learned in business and online marketing Thu, 02 Sep 2010 00:32:51 +0100 http://wordpress.org/?v=2.8.4 hourly 1 By: mimi http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-15562 mimi Wed, 31 Mar 2010 15:37:02 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-15562 I have started up a new company, I registered on-line to put up a free ad on yell.com, they called me then and spent 40 minutes on the phone selling me a better ad ,gave me all the facts and figures of how this could help my business and i sucked in well. That has happened last October (2009). I was miss-leaded all the way 'till the "confirmation" e-mail. I was thinking of starting a cleaning company and I've set-up a trial website as well. When I've agreed on the price which the consultant told me over the phone (around £500) for one year he asked me to replay on his e-mail saying that this is to confirm identity. I asked him is I should read the email first and he said that there is no need and it is the same that he told me already so I stupidly believed and confirmed. Straight after that I have got an e-mail with all details including the full price which was higher than the originally quoted by the salesman. He just forgot to mention about the VAT. You can imagine how that small detail makes all the difference. I called him straight away and ask about why I was miss leaded. And so on and so on. Finally I told him that I don't want the service any more.(and I didn't even start to use it, never log in). He promised to get back to me with solution but never did so. Next week I've decided not to proceed with the company (I have never register such a company really) so I've cancelled the website (that includes the e-mail accounts) and just for the record they do not have my real tel. number as I gave them (by mistake) lucky me, my old number which does not exists any more. After I have got the first paper pack from them asking for my signature I ignored it because I was thinking that if I don't sign there won't be a contract And so the money chasing letters started to coming. Now they are saying that they will give my details on a debt collection agency. I am not entirely sure what they are really able to do and should they prove first that there is such an agreement between them and me or should I prove all that what I said above (that I've been miss-leaded and did not agree those conditions) and take them to court. I will be happy to hear your opinion.... I have started up a new company,
I registered on-line to put up a free ad on yell.com, they called me then and spent 40 minutes on the phone selling me a better ad ,gave me all the facts and figures of how this could help my business and i sucked in well. That has happened last October (2009). I was miss-leaded all the way ’till the “confirmation” e-mail. I was thinking of starting a cleaning company and I’ve set-up a trial website as well.
When I’ve agreed on the price which the consultant told me over the phone (around £500) for one year he asked me to replay on his e-mail saying that this is to confirm identity. I asked him is I should read the email first and he said that there is no need and it is the same that he told me already so I stupidly believed and confirmed.
Straight after that I have got an e-mail with all details including the full price which was higher than the originally quoted by the salesman. He just forgot to mention about the VAT. You can imagine how that small detail makes all the difference. I called him straight away and ask about why I was miss leaded. And so on and so on. Finally I told him that I don’t want the service any more.(and I didn’t even start to use it, never log in). He promised to get back to me with solution but never did so.
Next week I’ve decided not to proceed with the company (I have never register such a company really) so I’ve cancelled the website (that includes the e-mail accounts) and just for the record they do not have my real tel. number as I gave them (by mistake) lucky me, my old number which does not exists any more.
After I have got the first paper pack from them asking for my signature I ignored it because I was thinking that if I don’t sign there won’t be a contract
And so the money chasing letters started to coming. Now they are saying that they will give my details on a debt collection agency.
I am not entirely sure what they are really able to do and should they prove first that there is such an agreement between them and me or should I prove all that what I said above (that I’ve been miss-leaded and did not agree those conditions) and take them to court.
I will be happy to hear your opinion….

]]> By: Fiona http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11690 Fiona Mon, 26 Jan 2009 22:54:44 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11690 Samantha I think it's disgraceful that you named the two individuals you dealt with - as one of yell.co.uk's many satisfied customers, I have to say the encrypted password system is a great time saving device, and it is unfair of you to blame others for your own incompetence. Samantha I think it’s disgraceful that you named the two individuals you dealt with – as one of yell.co.uk’s many satisfied customers, I have to say the encrypted password system is a great time saving device, and it is unfair of you to blame others for your own incompetence.

]]> By: Joanne Brown http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11687 Joanne Brown Mon, 26 Jan 2009 21:08:43 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11687 Hi Samantha, Im sorry to hear about your experience with Yell, but I must disagree. I currently have two Sponsored listing weblinks with them online in addition to 2 full page adverts in the Yellow pages book amongst other things. Initially when I began advertising with Yell in 2001, everything was signed for using faxes / post. I now only use the encrypted email to agree to orders. I must say, it is laughable that you name these specific reps’ when it was yourself that actually put in your password – thus agreeing to a contract. I willl always ask the rep to ring back to give me time to read the email properly, however I generally like them staying on the line to talk me through what im signing for. I have only ever had great dealings with Yell.com & Yellow pages book & have had excelent responses to the adverts. I think the lesson here is that it is 2009 & if somthing is agreed for by an email, then you have effectively signed for it. I question how Yell ‘cheated’ you into signing a contract, possibly you got cold feet?? Regards, Joanne. Hi Samantha, Im sorry to hear about your experience with Yell, but I must disagree. I currently have two Sponsored listing weblinks with them online in addition to 2 full page adverts in the Yellow pages book amongst other things. Initially when I began advertising with Yell in 2001, everything was signed for using faxes / post. I now only use the encrypted email to agree to orders. I must say, it is laughable that you name these specific reps’ when it was yourself that actually put in your password – thus agreeing to a contract. I willl always ask the rep to ring back to give me time to read the email properly, however I generally like them staying on the line to talk me through what im signing for. I have only ever had great dealings with Yell.com & Yellow pages book & have had excelent responses to the adverts. I think the lesson here is that it is 2009 & if somthing is agreed for by an email, then you have effectively signed for it. I question how Yell ‘cheated’ you into signing a contract, possibly you got cold feet?? Regards, Joanne.

]]> By: Samantha Price http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-11484 Samantha Price Fri, 09 Jan 2009 15:10:24 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-11484 Yell UK cheated me into a contract with an email that asks for a password and if you provide them with a random password in the email then you "SIGN" a contract. This is whilst the rep told me the password provided holds a specific price for the service.. Not that it binds me into a contract! Completely cheating me and my company. DO NOT DO Bussiness with Maria Baker, Sarah Jane Hornet or www.yell.co.uk / www.yell.com. Yell UK cheated me into a contract with an email that asks for a password and if you provide them with a random password in the email then you “SIGN” a contract. This is whilst the rep told me the password provided holds a specific price for the service.. Not that it binds me into a contract! Completely cheating me and my company. DO NOT DO Bussiness with Maria Baker, Sarah Jane Hornet or http://www.yell.co.uk / http://www.yell.com.

]]> By: PCs finally » Self Made Minds http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-10155 PCs finally » Self Made Minds Thu, 18 Sep 2008 13:24:58 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-10155 [...] your bored and have spare time you can read about the start of my adventure here. Basically the domain PCs.co.uk was owned by a company in administration. I contacted them and [...] [...] your bored and have spare time you can read about the start of my adventure here. Basically the domain PCs.co.uk was owned by a company in administration. I contacted them and [...]

]]> By: Scott http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-9744 Scott Fri, 15 Aug 2008 08:25:30 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-9744 Yes I did seek representation Dale, they confirmed I had a binding contract, it now turns out the Administrator had previously sold the goodwill & other intangible assets(which included the domain) so was not in a position to sell - so I am now trying to buy from the new owner. I could take the administrator for breach of contract but it would not bring me the domain so a long and frustrating episode that rumbles on, hopefully one day I can secure it! Yes I did seek representation Dale, they confirmed I had a binding contract, it now turns out the Administrator had previously sold the goodwill & other intangible assets(which included the domain) so was not in a position to sell – so I am now trying to buy from the new owner. I could take the administrator for breach of contract but it would not bring me the domain so a long and frustrating episode that rumbles on, hopefully one day I can secure it!

]]> By: Dale Hubbard http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-9743 Dale Hubbard Fri, 15 Aug 2008 06:54:32 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-9743 I know this topic is a little old, but yes, it's my experience through legal advice that email can be a vehicle for a binding contract. What's evident here is that the contract is implicit; i.e. there would have been no deal unless the emails were sent/received. As George points out, the other party has to be legally 'qualified' or 'authorised' to enter into a contract; i.e. not a minor or not the owner or bona fide agent for the property, but I would throw £100 to another solicitor if I were you Scott. Unless of course this is now dead and buried. I know this topic is a little old, but yes, it’s my experience through legal advice that email can be a vehicle for a binding contract. What’s evident here is that the contract is implicit; i.e. there would have been no deal unless the emails were sent/received. As George points out, the other party has to be legally ‘qualified’ or ‘authorised’ to enter into a contract; i.e. not a minor or not the owner or bona fide agent for the property, but I would throw £100 to another solicitor if I were you Scott. Unless of course this is now dead and buried.

]]> By: John Parry http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8974 John Parry Fri, 13 Jun 2008 07:40:24 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8974 I had a similar experience with my rental lease agreement - the agent sent me a rent increase notice by email and the tribunal stated that email was not a legal form of delivery. Transposing that into your situation I suppose it would relate quite well in that email would not be accepted as a method of entering into a contract. I had a similar experience with my rental lease agreement – the agent sent me a rent increase notice by email and the tribunal stated that email was not a legal form of delivery. Transposing that into your situation I suppose it would relate quite well in that email would not be accepted as a method of entering into a contract.

]]> By: George http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8776 George Wed, 04 Jun 2008 12:20:30 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8776 Had a similar problem two years ago so know how you feel. The point is an exchange of emails CAN constitute a contract, but doesn't necessarily do so. The same is true of a verbal contract (I had a verbal agreement too, but it emerged that the person wasn't "authorised" to make such as angreement . . . ). Best of luck, but personally I would cash the cheque and get on with your life. There are countless opportunities out there. Had a similar problem two years ago so know how you feel.

The point is an exchange of emails CAN constitute a contract, but doesn’t necessarily do so. The same is true of a verbal contract (I had a verbal agreement too, but it emerged that the person wasn’t “authorised” to make such as angreement . . . ).

Best of luck, but personally I would cash the cheque and get on with your life. There are countless opportunities out there.

]]> By: David http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/comment-page-1/#comment-8663 David Mon, 26 May 2008 16:47:00 +0000 http://selfmademinds.com/200805/can-an-exchange-of-emails-create-a-contract/#comment-8663 At least here in the U.S., an exchange of email absolutely can create a binding contract. And their cashing of your check followed by the communication attempting to back out of the deal is great evidence of a contract. At least here in the U.S., an exchange of email absolutely can create a binding contract. And their cashing of your check followed by the communication attempting to back out of the deal is great evidence of a contract.

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