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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 contract last Wednesday morning to have a glass

Resolved Question:

I signed a contract last Wednesday morning to have a glass roofed veranda supplied at a total cost of £8500. The contract gave me 7 days to cancel.
Because of the urgency of the time frame that the supplier wanted so that he could fit the installation in with another job in the area, a special price of £8500 was agreed and a site survey carried out late Wednesday.
I signed a further survey report that evening agreeing that the manufacture may proceed and they had explained that their intention was to start the process the following day to fit their time frame.
I gave instructions by e mail late on Saturday evening to cancel the contract but they only received it when the office opened on Monday morning, still within the original 7 days.
I am now advised that the survey report signature negated the 7 day cancellation clause and gave the company clearance to proceed immediately with manufacture and the ordering of external items, being the expensive glass.
I have asked for cancellation charges but their response now is that they have proceeded far enough with the manufacture of the order that cancellation is not an option and I will have to pay the contract price.
To resolve the problem in an amicable manner thy have offered to reduce the price to £7000 rather than get involved in any lengthy litigation and they have left the choice to me.
I asked for the company to call and quote at the outset, it was not hard selling on their part and i understood their reason for haste.
However i would like an opinion please on the 7 day cancellation clause being negated by the subsequent survey report signature and their ability to claim effectively the full amount for less that a weeks work, assuming they work on the weekend as they claim
Kind regards
Clive Edwards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether this was Anglian Home Improvements please?

Customer:

No

Alex Watts :

How did you pay your deposit please?

Alex Watts :

Did they come to you or did you go to their store to sign a contract?

Customer:

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

Alex Watts :

Ok - so they came to you.

Alex Watts :

Is that right?

Customer:

Correct, but i called them. it was solicited by me.

Alex Watts :

Indeed, I understand that. Just to be clear the cooling off period was only ever 7 days?

Alex Watts :

Does it say that on the documents?

Customer:

Cancellation period on the initial contract was quoted as 7 days on the original contract.

Alex Watts :

Ok - does it include a cancellation form?

Alex Watts :

Does it set out:

Alex Watts :

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)

Date

Customer:

No period for cancellation was mentioned on the subsequent survey report that i signed which gave clearance to proceed

Alex Watts :

Yes but the original order?

Customer:

Original order included a printed cancellation form substantially as you describe.

Alex Watts :

But still 7 days?

Customer:

Yes

Alex Watts :

Did you request the survey or did THEY ask you to do it?

Customer:

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.

Customer:

it was one of their own company surveyors

Alex Watts :

Ok - so THEY instigated it and you did not.

Alex Watts :

That is very important.

Alex Watts :

This is because under the Consumer Contracts Regulations you are entitled to 14 days cooling off period.

Alex Watts :

A trader should NOT start work unless YOU request it.

Alex Watts :

If you did not request it you can claim your money back, ie if it was instigated by them.

Alex Watts :

If you asked for it to be done, then you are stuck.

Alex Watts :

If you did not then you can take the following action

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 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?

Customer:

They instigated the survey but i agreed because i realized that it was required before they could proceed.

Alex Watts :

Yes indeed.

Alex Watts :

So you are ok - you need to take the steps above.

Alex Watts :

Can I clarify anything else?

Customer:

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"

Alex Watts :

Yes but THEY instigated it. You did not

Alex Watts :

Therefore the 14 days applies regardless

Customer:

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

Customer:

Thank you for your help believe

Customer:

Sorry, pushed the wrong button, i will start again

Customer:

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.

Customer:

Sorry i keep pressing the enter button for a new line

Customer:

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

Customer:

Clive edwards

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