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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I signed a document which was an "agreement to follow the

Resolved Question:

I signed a document which was an "agreement to follow the customer advice" to buy a kitchen but have since found out that the company has been prosecuted several times (including by Trading Standards) for scamming people and because the kitchens don't fit or are not for for purpose. Clause 19 states that "this is not a contract." I have read the advice for customer .......and I agree to follow the advice." It is now well outside the seven day cooling off period contained in the customer advice but I now don't want the kitchen. Can they make me pay for it? It is cash or banker's draft upon delivery and I haven't yet agreed a delivery date except "July"(no year stated) in a box called "Proposed Del. date." Under a section called "Notice of the Rights to Cancel" it states "You may be required to pay for goods or services supplied if the performance of the agreement begins with your written agreement before the end of the cancellation period." Gobbledegook?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I should be able to assist with this.

tdlawyer :

This sounds an interesting set of facts.

tdlawyer :

The reference to clause 19, and this not being "a contract" is most unusual.

tdlawyer :

Normally, people make that kind of clause, when they intend to show that the document is not to be legally enforceable.

tdlawyer :

However, reference to the potential obligation to pay, and the notice of rights to cancel, suggests otherwise.

tdlawyer :

It might be that you have to take a two pronged approach to this if you wish to cancel.

tdlawyer :

The first would be to say that you exercise your right to cancellation, the contract was concluded off the premises of the business, under the relevant distance selling regulations.

tdlawyer :

If the contract was concluded on the business premises, they may have a limited right to cancel if that is included within the terms of the agreement. If it is not, then you may have no right to cancel.

tdlawyer :

All of that works, of course, on the assumption that there is a contract capable of cancellation.

tdlawyer :

Clause 19 tends to suggest otherwise, and so when you exercise any cancellation right, you would need to do so without prejudice (expressly stating that) to your position that this does not represent a legally enforceable agreement.

tdlawyer :

Of course, if you do take the approach that this is not legally enforceable agreement, you cannot then seek to rely upon the agreement in any way, before the court, as there is no legally enforceable agreement on your own case.

tdlawyer :

I hope this gives a useful insight, if you wish to discuss anything further with me, please not hesitate to do so. I may be on and off today, if you leave a reply, I will come back to you as quickly as I can.

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