Free of charge?
Have you received an invoice for a car valuation you thought was free of charge? If so, you are not alone!
There are several ads promising a free car valuation where you only need to fill in some information about your car, confirm that you are 18 years old or older, and accept the terms and conditions. In return, you will receive an estimate of your car’s value, but usually also an invoice of more than 100 EUR.
Am I legally bound by the contract?
Generally speaking, written and oral contracts are binding in both Norwegian and European law.
However, according to the Cancellation Act, if a contract is concluded electronically the trader must inform you of all costs in a clear and transparent way before the order is placed. This means that if a trader did not inform you of the total cost beforehand, the contract may not be binding.
The trader also has to ensure that the consumer understands that the order entails an obligation to pay. If the order is placed by activating a button or similar function, the button has to be labelled in an easily legible manner, such as “buy now” or “place order”.
Right of withdrawal?
Many consumers explain how they have tried to use their right of withdrawal, but are told they no longer have this right since the valuation (service) has already been delivered. However, you cannot lose your right of withdrawal without giving your explicit consent. Meaning that, in this case, you most likely still have the right to cancel even though you have received the valuation (service).
How do I submit a complaint?
You should submit a written complaint where you argue that the contract is not binding, and therefore you will not be paying the invoice. You can also maintain that you never gave explicit consent concerning your right of withdrawal.
If a claim is sent to a collection agency, it is equally important to contest the claim made by the collection agency. Debt collection agencies should not deal with debts once they become disputed.