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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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On 31st march 2014 I took out a contract with bt for bt infinity,

Resolved Question:

On 31st march 2014 I took out a contract with bt for bt infinity, I now wish to cancel this contract as I feel that I am not getting what I asked for. what are my legal rights.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Did you agree a cooling off period please?
Customer: replied 2 years ago.

I understand that I had a 14 day cooling off period. their web site states a 7 calendar day or 7 working day cancellation.

Expert:  Jo C. replied 2 years ago.
Thanks.

Does it refer to 7 working days or calendar days please?
Customer: replied 2 years ago.

the web site states:


 


you will normally have a legal right to cancel your service without charge unless the contract was made at the company's normal business address (this was done over the phone) the cancellation period will normally be for seven calendar days or seven working days, depending on how and where the contract was made. however under industry-agreed processes you have the right to cancel without charge up until shortly before the transfer is due to take place, when transferring calls or narrowband line to or from bt.

Expert:  Jo C. replied 2 years ago.
Thanks.

That is a problem potentially.

Under the Distance Selling Regulations, when you bought something by mail order or over the telephone, without the chance of inspecting the goods, then you have seven working days to cancel from when you receive the goods.

However the situation with regard to services is that you cannot cancel them if you agreed to the service starting before the seven working days expired.

That is subject to you having been provided with all the paperwork of course. They just have to show that they gave you some indication of your rights on that point but you seem to be saying it was on their website so it could go either way.

Even if you do cancel unlawfully though they only have a claim for lost profits which will be nothing like the sum due under the contract.

Can I clarify anything for you?

Jo


Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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