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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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hi, I made a contract with a business plan writers 2 weeks

Customer Question

hi, I made a contract with a business plan writers 2 weeks before to do my business plan. due to my sudden ill health i've droped the idea of doing business for the time being.I asked them refund but they are saying their cancellation days are 7 days so they can't refund my money. I send them engagement mail on 27/06/14 and paid them on 01/07/14 and asked them to cancel & refund on 08/07/14.when i engaged with them i also asked them to send me their Terms and Condition but they never send me one. They said they can only start the work after they received my payment so i rushed and took loan and paid them to get the work done quickly! they are not replying to my mails now. they advertise them as europe leading Plan writers! their webpage www.planwriter.co.uk. Can you please advice me to get the refund. I'll be very grateful
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
How much did you pay them and when did you receive their terms and conditions?
Customer: replied 2 years ago.

I've paid £1500 by bank transfer. but they never send me terms and condition or cancellation policy when i asked them in the engagement letter.after i send them cancellation email explaining my situation they said their cancellation policy 7 working day & they are saying i've contracted them by email on 27/06/14( which is correct) but never started the work until i paid them. according to my calculation i paid them on 01/07/14 and send them cancellation email on 08/07/14(6 working day). in the consumer contract regulation 2013 saying 14 working day cancellation policy. please advice me how can i refund the money.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
The good news is that you have a 14 days cancellation period by law under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13 June 2014 and which apply in your case.
The above statutory period overrides their 7 working days cooling off period which goes against the above Regulations.
As they are not replying to your emails, it seems that they have no intention of refunding your money and cancelling your contract, so you may now file a court claim against them online at www.moneyclaim.gov.uk and claim the money back plus the court fee for filing the claim plus statutory interest at 8% per annum.
I would expect them to pay your money as soon as they receive court summons as they have no ground to defend the claim and will lose in court.
Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 2 years ago.
Just for clarification, the 14 days cooling off period applies where you made the contract at a distance I.e. By telephone or online etc.
All the best
Customer: replied 2 years ago.

hi, thanks for the good news. Can i first send them email (last warning) before i go to court. I can send them mail explaining what you've send me.can you please advice me in future regarding this matter.


Many Thanks


Sasi

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you may send them a final email demanding the money as per my advice.

You may certainly come back with more questions, please ask for UKSolicitorJA only to answer.p these further questions.

Good luck
Expert:  UKSolicitorJA replied 2 years ago.
It is actually a criminal offence for them not to inform you of your statutory right to cancel the contract and you may also lodge a complaint against them to your local trading standards.

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