I do not agree with the telephone contract of the business directory

Questioner

I was called by business directory. I said that I did not want such a contract and that I could call them back in a year. They made a tape recording of me saying yes to this, so to call back in a year and NOT that I agree to the contract. When the invoice arrived I tried to call but they could not be reached by phone, then I sent several emails saying that I did not agree and that it was not correct that I had not given permission and that I was not paying. Now they have called in debt collection. Am I obliged to pay this because I feel cheated and really do not want this. I would like to hear from you. I am a self-employed person and was registered with the Chamber of Commerce for a few days. I would like to hear from you.

Lawyer

Usually these companies bark and have their own 'collection' service. Usually they don't bite. Threatening/scaring is part of their business (and profit) model. If you are sure that you did not say 'yes', then I would not worry.

Questioner

That's right, but they made a tape recording of me saying yes to which I thought they could call back in a year and NO yes to me signing the contract. So they really are cheating. I feel very cheated. So they keep saying that the tape recording is binding while I have repeatedly stated that I do not want the contract and will not pay. Should I now respond to the letter from the collection agency or should I not respond to anything? I would like to hear from you. Kind regards, Wesley van de Goor.

Lawyer

Depends on what exactly can be heard on the tape. Often they threaten/screen with a tape recording, but it is not there or something different can be heard than what they say. Otherwise, ask for a copy of the tape recording? Can you hear if something has been manipulated? Check the 'collection' agency. 10 to 1 that it is a small company located at the same address as the other party. Their business model is to instill fear in you by threatening. My experience is that, knowing that they are going to get wet, they do not follow through. Have you been misled, cheated or deceived? Yes, most likely. I have had dealings with these types of companies both professionally and privately. My clients and I have never paid and have never heard anything again. Of course, this does mean that you did not say 'yes', but even then a judge will assess the context in a possible, unlikely, procedure.