Being charged for something I was never made aware of....

[superbike]

I contacted a vehicle signwriting company to get some signwriting done. I provided them with photos of my current van so they could copy the artwork (only lettering, no pictures) on to the new van.

They gave me a price but never mentioned a contract or any terms and conditions of making a booking with them.

I booked to take the new van in for the work to be done and they phoned late the night before it was due to go in to cancel the booking. (I am a self employed plumber so I could not take any work for the day they were due to have the van as I would not have had a vehicle available.)

I then found another company who could do the work for me so I took it to them instead.

Now the first company are trying to get me to pay for the vinyl which they cut to put on my van. At no point did they tell me they were going to cut any vinyl and a no point did they make me aware that if they did I would be charged for the vinyl.

They have instructed a solicitor and I am being threatened with court action.

Am I really liable for these charges even though it was them who cancelled and not me? At no point have I signed anything nor been made aware of the possibility of charges.

Any advice appreciated!

[chas2008]

the vinyl is the signwriting, they have obviously precut it ready to do the work as such this vinyl is now useless...i am not that clever with law issues,if i was i would have a proper job !!, but there is such a thing as a verbal contract and there could have been a legitimate reason for the cancelation.

[superbike]

Thanks for your answers.

Eddie: in order to counter claim do I have to involve a solicitor or can I just write to them asking for the lost earnings?

They did not rearrange for another date.

Also they never told me that they were going to precut any vinyl so I thought I could still go wherever I wanted to get the work done. And they never told me that even if they did precut the vinyl I would be liable for the cost. Does any of this go in my favour?

[Davethedog]

Chas if they cancelled and there was no written contract the liability is thiers. Superbike lost a days work and I would guess that far exceeded the cost of the vinyl. I would write back with "without predjudice" written at top of the letter, pointing out the circumstance, what your losses were and the fact that you WERE prepared to accept this, however if they persist you will have no choice but to seek legal advice and make them liable for all the costs.

[chas2008]

they would of been precut , hence why they were provided with pictures, usual practice.
Have they really instructed a solicitor ? or did they just say it as a threat ?

[Eve]

Have you had anything from a solicitor or have they just said they have instructed one and threatened legal action?

If you have had anything from a solicitor such as a letter or have been properly served with any notice of proceedings then you need to take legal advice if possible to prevent you doing anything which might prejudice your case by doing it yourself.

You could try the Citizen's Advice Bureau or see if you can find a local solicitor with a free legal surgery or initial consultation. Make sure you take everything you have along for it to be of the most benefit possible.