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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I signed a specification and checklist form for a new drive

Resolved Question:

I signed a specification and checklist form for a new drive at my house. I paid a deposit of 250GBP with the written understanding that the survey and installation would be subject of avalability of the surveyor within 6 months. I then recieved an un-dated document some time later stating I had 7 days to cancel (with the implication that I was tied in if I didn't). I have recieved two phone calls within the last 9 months (it was signed in June 2013) asking when it would be a suitable time to survey the drive. We have since decided to not have the drive done due to financial constraints and I sent a letter to the effect today. I recieved a response by the contracts manager within hours stating that if I didn't have it done I would be liable to damages due to loss of commission of the sales team, administration costs and loss of profit. Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the contract original concluded entirely at your home please?

Customer:

yes, although it is labled as a 'specification and checklist', in small print it says "this is the contract and order for your Town and Country driveway". There is no metion of cancellation times or damges.

Joshua :

thanks

Joshua :

Regarding the notice you received. Could you tell me if it contained ALL of the following information:
-The identity of the trader including any trading name
ƒ-The date it was issued
ƒ-The trader’s reference number, code or other details to enable the contract to be identified
ƒ-A statement that the consumer has a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of 7 days starting with the day of receipt of a notice in writing of the right to cancel the contract
-The name and address, (including any electronic mail address as well as the postal address), of a
person to whom a cancellation notice may be given
ƒ-A statement that notice of cancellation is deemed to be served as soon as it is posted or sent to a
trader or in the case of an electronic communication from the day it is sent to the trader
ƒ-A cancellation form in the prescribed form provided as a detachable slip and completed by or on
behalf of the trader in accordance with the notes (see section 8)
-ƒIf applicable an indication that the consumer may have to pay for the goods or services supplied if
the contract has begun with his written agreement before the end of the cooling off period
ƒ-A statement that the consumer can use the cancellation form provided if he wishes

Customer:

Regarding the notice you received. Could you tell me if it contained ALL of the following information:
-The identity of the trader including any trading name-YES
ƒ-The date it was issued-YES
ƒ-The trader’s reference number, code or other details to enable the contract to be identified-YES
ƒ-A statement that the consumer has a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of 7 days starting with the day of receipt of a notice in writing of the right to cancel the contract-YES
-The name and address, (including any electronic mail address as well as the postal address), of a
person to whom a cancellation notice may be given-ONLY FAX NUMBER
ƒ-A statement that notice of cancellation is deemed to be served as soon as it is posted or sent to a
trader or in the case of an electronic communication from the day it is sent to the trader -YES
ƒ-A cancellation form in the prescribed form provided as a detachable slip and completed by or on
behalf of the trader in accordance with the notes (see section 8)-NO
-ƒIf applicable an indication that the consumer may have to pay for the goods or services supplied if
the contract has begun with his written agreement before the end of the cooling off period-NO. NO COOLING OFF PERIOD MENTIONED
ƒ-A statement that the consumer can use the cancellation form provided if he wishes-NOT IN ORIGINAL FORM SIGNED. ONLY IN UNDATED FOLLOW UP DOCUMENT





Joshua :

thank you. It was the notice you have been given does not include all the required information, the notice is invalid the retailers obligations in respect of providing notices that comply with the legislation are applied very strictly and if all of the information required is not supplied, a contract concluded at home with a consumer is void

Joshua :

the omissions above appear to be minor however the legislation is quite clear that a failure to provide all of the required information will render a contract unenforceable on the part of the supplier

Customer:

thank you, XXXXX XXXXX that I can respond accordingly, is there any legislation I can quote?

Joshua :

accordingly, you may wish to consider reverting to the company in question advising that the notice they have supplied to you does not appear to be in accordance with the requirements of schedule for of The Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 and draw their attention to the consequences of section 17 of the above regulations and accordingly as provided by the above regulations, consider averring that the contract void as provided for by the above regulations

Customer:

Perfect, many thanks. Appreciate the advice. I will respond accordingly.

Joshua :

notwithstanding the above rights, you may also consider going on to state that notwithstanding the above, you would draw their attention to their common law obligation to mitigate their losses in respect of any breach of contract on your part and on the basis that they should be perfectly capable of reselling the time they would have spent on your drive to another customer, their loss amounts to little more than some minor administrative costs which are more than covered by your deposit and accordingly, consider denying further liability to them.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Yes, seeing as there was no official survey done and only three follow on calls since June of last year, the thought did occur to me. Thanks again.

Joshua :

Best wishes

Customer:

thank you

Joshua :

A pleasure

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