Can you be sued fro "Breach of Contract' if you cancelled the contract within one week of signing with a geneologists company in the UK

[pinkcat1]

[waterboatman]

There is usually a 14 day cooling off period. But you would need to check. Try asking the Citizens Advice Bureau.

[pinkcat1]

Thank you but I do not live in UK so it is hard to get relevant info on the subject. I am receiving nasty emails from the genealogist (heir hunter) regarding the cancellation of my contract which happened in July 2009. They are threatening legal action if I pursue the matter an not pay them 25%.

[moonraker558]

If you dont live in the UK I dont see how they can carry out this course of action

[waterboatman]

You need to see a local solicitor.

[pinkcat1]

There is a solicitor who is acting for probate, they gave the 'heir hunter' my email address which I had changed since my last correspondence with the 'heir hunter' in July last year. I have asked the solicitor to instruct the administrator not to pay the 'heir hunter' on my behalf. Thats when all the threatening and less than professional emails started.

[waterboatman]

It sounds like the law is on your side on this one. You may have a case for harassment and/or threatening behaviour. It's worth checking.

[pinkcat1]

Thank you so much it does indeed feel like harassment not only now but back when I signed the original contract as they would not release any info about the deceased or the estate until I singed. Then when I canceled they telephoned me from the UK to try and change my mind, now they are calling me a 'liar' amongst other things. It is quite distressing.

[pinkcat1]

From what I can find the whole 'heir hunter' business is not regulated, so i dont know if the usual 'cooling off period applies in these types of cases as it is a 'service' not a goods which is being supplied.

[waterboatman]

That is not acceptable, or professional behaviour, from any company. I advise you see a local solicitor as soon as possible. I don't know where you are, but it is always worth seeing a local solicitor. This company does not have the right to treat you like that.

[buildersmate]

"There is usually a 14 day cooling off period."
No there isn't. This is far too much a broad statement - it is more often the case that there isn't usually a cooling off period, apart from for specific services and in specific locations such contracts signed-for in your home.

The main situations where you can cancel a contract afterwards are covered here.
http://www.which.co.u...your-rights/index.jsp

[factor-fiction]

What were the terms of the contract regarding cancellation and liability for payment of fees? We can't really answer this without knowing that. It looks as if they are saying you are liable under the contract

[pinkcat1]

I do not have the contract as it was posted back to the UK however the email I received stated that I do not have a 'cooling off' period. They also state that... (if you are wise enough you will retract your instruction to the Solicitor and I will also stop the action that will see you lucky to get anything).

[buildersmate]

The contract will only mention a cooling off period in the contract if there is one as one of specific terms of the contract; there is unlikely to be - it isn't in the selling company's interests - they wrote the contract.
IF you happen to have a cooling off period it is far more likely to be because of a statutory law put in place to protect consumers. This overrides anything else.
Which is why I attached a link so that you could see the sort of contracts and industries where this applies.

[pinkcat1]

They did not provide me with anything, no names, dates, details I found the info on the treasury website, then lodged everything through them.

Thank you the link certainly helped however still unsure if this type of contract is covered, according to the link it should be....

[buildersmate]

You really need to explain the circumstances to us better .
Redhelen is assuming that an heir-hunting company contacted you out of the blue and said they believed YOU were due some money in a will. In those circumstances, one has to sign a binding agreement to get them to tell you who has left you some money.
From what you said, I don't think is the situation - I think you are acting on behalf of the deceased, either as executor or a solicitor is doing it for you (always expensive and unncessary unless the affairs of the deceased are really that complicated).
A beneficiary in the will cannot be found, and YOU have hired an heir-hunting company to trace them. After a week, you decided to cancel that contract (for reasons you haven't explained here).
These companies typically work on a 'no find, no fee' basis, a bit like the ambulance-chasing lawyers, however if you cancel their services before they have had a chance to find the beneficiary, then they have very likely incurred cost but had no chance to get a return back. In such circumstances, it is most likely that a term in their contract, if you signed one, allows them a payment.
Over to you to explain the circumstances a bit better, please.

[dzug2]

If you don't live in the UK and they are in the UK the chances of them suing you AND enforcing the judgement are low.

But it does sound as though you owe the money

[pinkcat1]

The heir hunters did contact me out of the blue...and told me I may be the beneficiary of a deceased estate who has left no will.(no names or details were given) A solicitor was appointed by them to deal with the grant of probate. There are four beneficiaries as far as I am aware. I was led to believe by the heir hunters that I had to sign the contract quickly in order to be eligible for a share in the estate. (I now know this to be untrue)

I canceled the contract within one week of signing it. Contacted the Treasury in the UK to lodge my claim against the estate. Now the heir hunters are disputing my cancellation and saying that there is no 'cooling off period' in any case. They are threatening 'Breach of Contract' Further research has led me to believe that the judicial system is extremely sympathetic in these case as the heir hunters shall we say tactics are dubious. The heir hunters glean info from the Treasury website then the chase is on to contact any living relatives of the deceased person and sign them up. First in wins the contract so to speak....in my case 25% of each individuals inheritance whom they sign up.

[factor-fiction]

So you did sign up. What made you change your mind?

[pinkcat1]

It is not that I begrudge paying the heir hunters the money it is the unscrupulous tactics which they employ to get you to sign. When I had looked into the matter it became clear that they dupe you into signing, at a time when you are still in shock the recent death of a family member. That is why I canceled or tried to cancel the 'Letter of Agreement' within the week of signing. If I have to pay I will but I will not be bullied or harassed into doing so.