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Hello Clive my name is ***** ***** I will help you with this.
For now please let me know whether this was Anglian Home Improvements please?
How did you pay your deposit please?
Did they come to you or did you go to their store to sign a contract?
I ticked a box in an advert and asked them to call. They set an appointment, called and initially assessed the project on site and quoted. I signed the contract for a 50% deposit to be taken by debit card. As of earlier today no funds had been drawn from my account
Ok - so they came to you.
Is that right?
Correct, but i called them. it was solicited by me.
Indeed, I understand that. Just to be clear the cooling off period was only ever 7 days?
Does it say that on the documents?
Cancellation period on the initial contract was quoted as 7 days on the original contract.
Ok - does it include a cancellation form?
Does it set out:
To [here the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] / for the supply of the following service [*]
Ordered on [*]/ received on [*]
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
No period for cancellation was mentioned on the subsequent survey report that i signed which gave clearance to proceed
Yes but the original order?
Original order included a printed cancellation form substantially as you describe.
But still 7 days?
Did you request the survey or did THEY ask you to do it?
After the initial assessment by the "sales' person, who happened to be the MD, he stated that an on site survey would be required to measure the precise dimensions for manufacture. After the contract was signed he phoned through for a surveyor to be diverted to call in later that afternoon which happened.
it was one of their own company surveyors
Ok - so THEY instigated it and you did not.
That is very important.
This is because under the Consumer Contracts Regulations you are entitled to 14 days cooling off period.
A trader should NOT start work unless YOU request it.
If you did not request it you can claim your money back, ie if it was instigated by them.
If you asked for it to be done, then you are stuck.
If you did not then you can take the following action
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 signed delivery and keep a copy.
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.
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.
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.
Can I clarify anything for you about this today please?
They instigated the survey but i agreed because i realized that it was required before they could proceed.
So you are ok - you need to take the steps above.
Can I clarify anything else?
the survey report that i signed stated "i have read this installation report and agree that the company may manufacture and install as described herein"
Yes but THEY instigated it. You did not
Therefore the 14 days applies regardless
Now it will come down to the precise words used in the conversation. Although the requirement of the surveyor was instigated by them the question may have been posed to me as 'would you like me to arrange for him to call?' to which i would have answered 'yes'. I honestly cannot remember the whole conversation verbatim
Thank you for your help believe
Sorry, pushed the wrong button, i will start again
Thank you for your help. I believe that this is a situation that can legitimately fall through the cracks. I do not believe that i was being deliberately being manipulated. The company has a sound reputation and i accept the reason that they wanted to do my installation in conjunction with another for logistical reasons.
Sorry i keep pressing the enter button for a new line
I do however find it difficult to accept that they have completed the work in 5 days and expect full payment and that is one area of contention. the other is obviously the cancellation period and for the i appreciate your help Regaqrds