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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I signed a contract and paid a £500 deposit. I was given the

Resolved Question:

I signed a contract and paid a £500 deposit.
I was given the 7 day cooling off form and told that if I sign it, it meant that after the seven days the work can start immediately and dates can be chosen for the surveyor to come. Therefore a time saving option. This was done in my home. My understanding was
that I still had the right to cancel.
However when I cancelled, in writing, I was informed there would be no refund because I
signed, though they would cancel my order.
Is this correct?
Thank you
Susan Haycock [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What type of contract is this please?
Customer: replied 3 years ago.

General contract for installation of windows.


under customer rights it states -


Services agreed to waive your rights to cancel in this 7 day working day period waive your rights to cancel in this 7 working day period by signing our 7 day waiver letter.


 


this is not what I understood from the rep and of course I did not read the small print

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but its bad news. If you give me 10 mins I will type out an answer.
Expert:  Jo C. replied 3 years ago.
Thanks.

This is a doorstep sale and would normally fall within the distance selling regulations entitling you to 7 days to cancel. The reason that it doesn't is that these were items made to your specification and so its exempt.

For that reason, they didn't need to offer a cooling off period at all.

Nevertheless, come whay may, you have waived it. I do understand that you didn't realise what you were signing but I'm afraid the obligation is the signing person to read the contract. If you sign a contract in law you are taken to consent to and be aware of all of its terms. There's no defence in saying that you didn't read the small print.

However, they do only have a claim for the sum of their loss. Its very unlikely they've made these windows yet so you wouldn't be liable for that. There would be some admin charges but its not going to amount to £500.

You might well find that if you sued them for the £500 they may give in and settle in full although you should bear in mind that if this did go to court you would be liable for something.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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