Hi, my friend had some photos taken professionally yesterday.  The offer was that you paid a set amount and had the shoot, then received one free photograph.  After the photo session she was taken into a room where a salesman carried out a 'very hard sell' and encouraged her (sounded to me almost like she was all but forced from what she said) to buy photos amounting to several hundred pounds (she says she didn't even really want that many).  She paid by credit card and signed a form which states 'the signing of this order form constitutes a legally binding agreement and is non-cancellable'.  Is this a legally binding contract?  Could she cancel it through her credit card if not?  I don't really know enough about this so told her I would ask on here - someone is bound to have some legal knowledge amongst you lot.

Maybe she shouldn't have ageed to the extra photos, but not all of us are strong enough to stand up for ourselves under pressure - she is a very nice lady and I would like to be able to help her if I can.

Thanks for any advice you can give.

Fiona

This was on watchdog a few months ago - i specifically recall the same situation where the women were given a really hard sell and felt compromised so they signed it to get out of the office.

The only way the company could enforce the contract would be to take her to court and i cant see them paying to do that.

If it were me i would instruct my bank not to authorise that payment immediately.

If it has already gone through then i don't know how she can get her money back, the first place would be to visit the trading standards office and report them, contact bbc watchdog to see if they have any information on what to do and if all else fails contact a solicitor.

Was she alone in the room or was there someone else with her?

The bbc went undercover on a photographer that did it and its a disgusting trick and they shouldn't be allowed to get away with it. good luck to her :)

Rox

[edit: and if they try to deliver the pictures she should refuse them - if she takes them then she has received the goods she paid for]

Hi Fiona,

I didn't see the Watchdog programme but certainly have heard of similar scenarios they've investigated before :(  Wouldn't the 7 day cooling off period apply to this type of hard-sell contract?  Not sure, but even so it sounds like good advice that Rox gave re stopping payment and ensuring not accepting delivery :)

Good luck, Teri

Hi Alexanders

If you do a search for cooling off period uk on Google it comes up with loads of hits.  A quick glance at some of them seems to show it very much depends on a variety of factors as to whether there is a cooling off period or not   I hope she can get something sorted out and doesn't lose all her money :(

Lesley

Thanks for all your help everyone.  I have recommended she contact Watchdog and see what they say.  I will do a search now Lesley, thanks.

Fiona

i'm fairly sure the cooling off period only applies to agreements via mail order, door step callers and credit agreements.

I was thinking about it this afternoon, she could also contact citizens advice who can probably offer information and support.

Rox :)