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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70650
Experience:  Over 5 years in practice
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I paid for some carpet from Carpet Right but have changed my

Customer Question

I paid for some carpet from Carpet Right but have changed my mind. They tell me I need to pay a 20% cancellation charge. Is this legal?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How long after the sale did you change your mind?
Customer: replied 4 years ago.

4 days ago


 

Expert:  Jo C. replied 4 years ago.
Thanks. But how long after the sale was that?

Also, do they still have the carpet to sell?
Customer: replied 4 years ago.


sorry yes I bought the carpet 4 days ago.


Yes they do have the carpet and have cut it

Expert:  Jo C. replied 4 years ago.
To your personal specification?

So it could not be sold to another?
Customer: replied 4 years ago.

Yes to the sizes we asked for.


They said they will be re-selling if I cancel the order (at a reduced price)

Expert:  Jo C. replied 4 years ago.
Thanks.

If I can presume that you did the deal on their premises then unfortunately the distance selling regulations do not cover you and you are locked into a contract immediately.

If you do cancel then that will be unlawful. However, they can only claim from you the sum of their loss. If they have cut the carpet already then they might well be unable to sell this at the original price and they do have a claim for that sum but a blanket percentage of 20% suggests that they haven't made efforts to sell first and they are under a duty to do so.

Unfortunately though, it is likely that they could claim something.

Can I clarify anything for you?

Jo