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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed a customer purchase order & schedule of works form

Resolved Question:

I signed a 'customer purchase order & schedule of works' form for bifold doors on Tuesday August 26th.A technical surveyor visited on Tuesday September 2nd and stated that bifold doors could not be fitted. He had a discussion with his supervisor on the phone who also agreed with him He contacted the sales representative who stated that they could be. The surveyor informed me that another technical surveyor would come to the property who was conversant with conservatory doors and would be able to fit them.
I considered this and decided to cancel me order which I did by phone on thursday September 4th. I received a letter dated September 5th stating that a minimum of 25% of the contract price is due.
What legal rights do I have.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How did you order the goods, did they come to your home and sign the order, or did you sign it on their premises please?

Customer:

I went to s ales room and agreed to a home visit from one of their sales representatives.I agreed and I signed on my premises.

Alex Watts :

Ok - were you given any cancellation notice on the form you signed?

Customer:

I was not aware of the cancellation form at the time. I have now read through the schedule which I signed and on the inside is a notice of right to cancel which states 7 days.

Alex Watts :

Ok - is that on the front or back of the form?

Customer:

It is on the second page , on the inside

Alex Watts :

Is it small or large?

Customer:

It is in the same font and letter size as the rest of the ' small ' print which covers 2 pages.It is legible

Alex Watts :

Ok - did you ask them to come and do the survey or did they say they would come and do it?

Alex Watts :

Ie who said they would start before the 7 days was up?>

Customer:

They said they would need to come and do it

Alex Watts :

Does the cancellation notice say include:

Alex Watts :

dentity, including any trading name

Alex Watts :

contract reference number or other details that identify the particular contract

Alex Watts :

  • a statement that your customer has the right to cancel, and how they can do this

Alex Watts :

  • the name and contact details of the person your customer should send the cancellation notification to

Alex Watts :

  • a statement that you'll accept your customer's notice to cancel as soon as they give you the notification

Alex Watts :

  • if applicable, a statement that your customer may have to pay for services and certain goods you supplied under a written agreement before the end of the cooling-off period

Alex Watts :

  • a statement that your customer can use the cancellation form if they want to

Alex Watts :

Does it contain all of these?

Customer:

The technical surveyor came to survey on the following tuesday sept.2nd,i.e. the seventh day after I had signed ( including weekends)The second surveyor had not been in touch before I cancelled

Customer:

Includes : identity : Anglian Windows

Customer:

Yes it does contain all of these and the party receive is the legal dpt of anglia windows

Alex Watts :

ok and the other parts?

Alex Watts :

So it has everything in?

Customer:

yes

Alex Watts :

Ok - Anglian are known to be bullies.

Alex Watts :

You should write, refuse to pay and ask for any monies back

Customer:

At the time the sales representative did not not point this out to me

Alex Watts :

Have you paid anything?

Customer:

Thank you , I realise that they are bullies now and will ask for my money back.I accpet I have very little hope!

Alex Watts :

Well you have good news.

Alex Watts :

Under what was the Distance Selling Regulations, now the Consumer Contract Regulations you have 14 days to cancel.

Alex Watts :

The seller should not start doing any work UNLESS you request it

Alex Watts :

If you did not request it, then they should not start and you can still cancel

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thank you , a ray of sunshine at last.

Alex Watts :

Can I help with anything else today?

Customer:

No thank you , really clear and concise. Deirdre

Alex Watts :

Thank you. Might I invite you to rate my answer before you go, the button should be at the bottom of the page. Thank you Deirdre

Alex Watts :

If the system wont let you or you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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