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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I have paid £75 deposit on a oven and gas hob on sat 07 05

Customer Question

I have paid £75 deposit on a oven and gas hob on sat 07 05 14. I have rung this morning to cancel as I can get the same products from ***** ***** for £445 this company charge £625. ispoke to the Manager to cancel explaining the reason.He is claiming 25/00 cancellation fee Is this correct
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Did you agree any cooling off rights please?
Customer: replied 2 years ago.
Didn't agree to any cooling off time
Customer: replied 2 years ago.
Didn't agree to any cooling off time can I have a one off consultation as I don't want a monthly pay ment as I have limited funds and an extra payment to me is not what I want can you do that for me
Customer: replied 2 years ago.
Cannot effort an extra expense each month could I have a single consultation
Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded.

I presume this is a standard product? They didn't have to order it in or modify it?
Customer: replied 2 years ago.
Yes it was a standard product
Expert:  Jo C. replied 2 years ago.
Thanks. Sorry for the delay. I have really bad connection.
Thanks for the information. Overall, its quite good news.
Unfortunately, its not likely that you have rights to cancel. If you do a deal in store then you are locked in immediately. You do have automatic rights to cancel. You can agree cancellation rights under the contract which would be enforceable but commonly they have not been agreed because it wouldn’t be in the store’s interest.
It would be different if you had done the deal by distance. Then the distance selling regulations would give you unconditional rights to cancel.
If you cancel then you will be in breach of contract. However, they can still only claim the sum of their loss. They still have the item to sell and therefore have provided no consideration for this contract. The most they could claim here is some administration costs and maybe the cost of readvertising. That is very unlikely to be the sum of your deposit or anything close.
If you ask for your deposit back then its likely that you would get it all back. If they do refuse then you can always sue them at the small claims court here
www.moneyclaim.gov.uk
While they do have a right to be compensated for some administration costs its very unlikely that they would bother to contest such a claim on this basis as it just plain wouldn’t be worth the manpower.
Hope this helps.
Please let me know if you need more information.

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