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Hello, my name is Ben and it is my pleasure to assist you with your question today. So did the contract that she had seen and used to base her decision on whether to deal with you, have the 7 day cooling off period?
no, it does not, by mistake I used a old one
So is there anything in her contract about cancellation, or about the inability to cancel once the survey has been passed?
no there is nothing else, only that she cant cancel once survey has been passed to factory
how did you get her business, was this a doorstep sale?
no she came into my showroom, and asked me to go to her home and quote for the job
Was she aware that the survey had been passed to the factory?
will I have to wait much longer for your answer?
please see my last query above
sorry, I didn't see it, no she was not, but she did ask for the work to be carried out a.s.a.p., because she told me, she had been burgled 5 times in the last 12 months
First of all I must make it clear that no one can tell you whether you will win or lose. Legal proceedings always carry a certain degree of risk and uncertainty and a decision will often be made based on the evidence you have and give, how you perform as a witness, whether the judge thinks you are credible, also on how the other side performs and what evidence they provide.
In terms of the situation you have found yourself in, it is unfortunate that you used an old contract but you cannot retrospectively try and use the terms on the new contract and argue that there should have been a 7 day cooling off period. The customer relied on the contract you issued her with to enter into this contractual relationship and as such the terms in that contract would apply.
However, all is not lost as there was still a cancellation clause which prohibited cancellations once the survey had been passed on to the factory. The customer would still be bound by this term as it was part of the contract she agreed to. Assuming that had already happened and there were no other clauses she could rely on or no breaches on your part, then she may indeed be too late to cancel this.
Before you consider suing i suggest you follow these steps:
Finally, it is also strongly advisable to keep copies of all correspondence in relation to this, in case it is needed at a later stage.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you