Don't fall prey to the scammers

You will know that some topics have a habit of recurring time and again. From my point of view, scams against licensees never really go away, or alter that much. Most of these stem from a telephone call made to the licensee or a member of staff — one Kent licensee claims that she gets some sort of con man on the line nearly every day.

I am not surprised by this. You will recall that I have written about verbal contracts on this page many times. Do not be fooled. The only person likely to benefit from this activity is the scammer himself.

Often the problem stems from the fact that a member of staff takes the initial call and then reports what has occurred to the licensee.

In all occasions I have suggested that the recipients should make no firm commitments at the time and wait until they see the details in print, where they can assess the realities, as opposed to the salesman's headlines.

It is just not true that the deal on offer on the phone is "the last one available", or that he must have an answer on the spot. That is just pressure selling.

No one in that business, or any other, is going to turn down a deal because it breaches an artificial deadline, which they have created.

I am also concerned that licensees rely on the salesman for all relevant information on the deal, without doing some research elsewhere at the same time. If he tells you that X company has just raised their commercial tariff by 100%, find out whether this is true. If it isn't, you are a lot wiser and he has lost a mug.

But it is in the detail that these contracts unwind, and it is the detail you do not get on the phone. That, as lawyers will tell you, is buried somewhere in the small print, which will also say that no "verbal warranty", express or implied, has anything to do with the deal.

In other words, if it isn't on the paper, then it doesn't exist, except in your optimistic mind.

If, however, the contract has been based on clear misrepresentation (such as a claim that the brewery/operating company has insisted that you use this firm), then you are entitled to treat it as void.

Telling lies — which is what this is — constitutes an unfair negotiation now clearly covered by new laws. If it goes to the root of the contract, then you are entitled to walk away when you find out it isn't true.