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Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Hi, on Thursday I entered into a 24 month contract at a phones

Customer Question

Hi, on Thursday I entered into a 24 month contract at a phones 4 u inside a Currys store but have since realized I made a mistake and wish to cancel. However, I was told it is not in their policy to allow a cooldown period in which the contract can be reversed. Do I have any rights under the consumer credit act that can help me take the product, phone and vouchers back (unopened/unused)? Or am I stuck...thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Can I just clarify: have you read the contract? Does it have a 'cooling off' period clause?
Customer: replied 2 years ago.

Hi Alex, No it does not and when I called customer services they were quick to remind me. They offered to reduce my monthly payments but would not let me undo entering into the contract. I thought section 67 of the consumer credit act may cover me but they didn't seem concerned that I changed my mind

Expert:  Alice H replied 2 years ago.
Hi Richard

The agreement you signed with the company is a contract and in the absence of some fault on their part it is legally binding.

Unfortunately s.67 CCA and the Distance Selling Regulations will not help you because the agreement was signed on their premises.

Sadly, in the absence of a cooling off period you are bound by the agreement. This doesn't mean your stuck with it - you can cancel but unfortunately a penalty is likely to be payable.

I'm really sorry if this is not the answer you were looking for - but I have to be completely truthful with you about your position in law.

I hope this helps.

Customer: replied 2 years ago.

Thanks Alex I now understand about the off trade premises issue. Regarding cancellation and penalties their clause 11a states:


"Either you or we may end this agreement by giving 30 days notice in writing. Your notice must include your mobile number and your signature or appropriate security details. You must pay the charges during the notice period"


My question would be regarding the law on the penalty - would they only be able to charge me for the value of the contracted services and goods, or could they make up their own penalty fee (which could cost me more than if I did not end the agreement)?

Expert:  Alice H replied 2 years ago.
It would be very unusual for the company to charge a 'penalty'. On termination the company is only entitled to recover the amount due under the contract e.g. 24 monthly payments, which is the amount you contracted to.
Customer: replied 2 years ago.

Understood, many thanks for your time

Expert:  Alice H replied 2 years ago.
No problem Richard. I'm sorry it wasn't more helpful.
Expert:  Nicola-mod replied 2 years ago.

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