Pay invoice in case of fraud?

Questioner

I wanted to sell my car so I filled in my license plate on www.evaluatoren.nl. I thought it was a site like ikwilvanmijnautoaf.nl or wijkopenauto's.nl Well, no way. I get a valuation report, while they haven't even been by for valuation and an invoice for 120 euros. I thought it was the same as those other sites, a valuation and then you decide whether you want to sell your car to them. Now on their page are the terms and conditions and the costs. I only saw that later, but that is already checked, so I didn't do that myself. On trosradar it says that this is in conflict with European legislation and that is not allowed. They will of course threaten with fines and bailiffs. What should I do now? Just don't pay that bill and ignore it?

Lawyer

It sounds like you have been dealing with a less than desirable situation. I would advise you to handle this carefully. Dutch law states that a valid agreement is reached when there is an offer and this offer is accepted. It seems that they are arguing that you accepted the terms and conditions (the offer) by checking the box. However, in the case of online agreements, the EU has determined that the consumer must expressly and clearly agree to the terms. This means that the web page must let you confirm this, for example by a box that you tick yourself. If the box was already ticked when you came to the site, that does not apply. What should you do now? Ignoring the invoice may not be the best strategy. Instead, you could send a message to the company disputing that a valid agreement has been made, citing the European regulations on online contracts. It is advisable to discuss this situation with a lawyer or attorney to ensure that you take the best course of action. Remember to keep all relevant communications and documents as they may be useful later.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.