A UK consultancy sent me a contract to sign along with an invoice. I was still evaluating whether to proceed, so I didn't sign it in time and it expired. When I later confirmed I was ready to go ahead, I asked them to resend a new contract. They replied saying there was no need for a new one and to simply make the payment. I trusted them and paid (£4200) via Bank Transfer.
Because the contract had expired and was never re-sent or re-signed, I never actually read the terms - including a non-refundable clause they are now relying on to refuse my refund request.
After paying, I delivered everything they asked of me promptly. For nearly three weeks I received no response to my emails despite following up multiple times. Every interaction was initiated by me. When we eventually spoke, there was no acknowledgement of the delay and the direction changed from what was originally agreed. I lost confidence and requested a full refund.
They refused, arguing that under the Laws of England and Wales, the contract was formed by conduct and performance when I made payment - meaning a physical signature is not required. They are using the non-refundable clause from the original expired contract to justify keeping the full amount.
I have a full paper trail. My questions are:
- Do I have grounds under the Consumer Rights Act 2015 given the service was not delivered with reasonable care and skill?
- Can they enforce terms from a contract I never re-signed or even read?
- Is small claims court a realistic option when payment was made by bank transfer?
Honest advice welcome, including if my chances are low.