Legal Advise. What would you do?

[bridge]

This is going to be a vit vague, as I don't want to say too much but....

If you had paid someone a LOT of money in return for certain things and those things weren't as they were explained to you when you agreed to pay the money, what would you do?

I still owe a big chunk (it was to be paid in stages and the final stages are now due) and I'm not sure if I should pay it. If I don't pay it, can I be taken to court if the agreement was only verbal?

I feel I am being totally ripped off and I don't know what to do.

If anyone thinks they can help, I'm happy to disclose all in an email.

[jenna]

Well, if it was from a shop, they have a legal obligation to ensure the purchase is "fit for the purpose for which it was sold".

I'm assuming this wasn't a shop?

Is there an obvious "purpose" for this purchase? ie if it was a washing machine, for instance, it would have to work!

I should think that (and I am no expert) if you could prove that the thing was not suitable for the required purpose, even if this person took you to court, they wouldn't have a leg to stand on.

Don't know if that helps?

[Lis]

Contract law is very very complicated (one of the questions I've avoided where possible in legal exams!). There are many different points to consider as to whether a contract has been fulfilled, even if a contract stands, and I think the best thing to do would be to get an initial free appointment with a solicitor specialising in contract law. I know this doesn't help much at this stage, but it's the only sure way to find out where you stand in relation to the contract in question.

[blumke99]

Sounds like you have had "certain things" for a while, and did not complain at the point of exchange (or after a reasonable time for inspection) in which case you may be seen to have accepted the contract as fulfilled.

If you took delivery of certain things then I think you could be taken to court if you don't pay, even though the contract was verbal. That's not an expert opinion though!

[bridge]

Sorry, I didn't make it clear. The money was for an ongoing 'service', not an object. We have pointed out at various times throughout the year that we don't feel we are getting what we were promised but the usual answer was "Sorry, yes, it wasn't very good was it, but it was a geniune mistake". We now have to pay our 4th installment and I really do not want to pay it.

[jenna]

Ahh, explains a lot then.

If it was me, I think I would write to them detailing the matters you are not happy with, as pointed out during this period, including their responses. Tell them you're not going to pay the 4th installment, and see what sort of reaction you get.

[varkie]

I think I agree with Jenna on this. Except I'd possibly go a bit further. I would list the original agreement, list the things you aren't happy with, list what you want them to do about it, and then tell them that payment won't be forthcoming until they correct things.

I'm not sure if this is legal, its just what I'd do!