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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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At the end of June we paid a company called Tivium £299 for

Resolved Question:

At the end of June we paid a company called Tivium £299 for a survey to see if our house was suitable for solar panels. After much thought we decided to cancel the deal the next day. We had been told we would get our money back if the work was not carried out. Since then we have been trying to get our refund as promised to us in writing, but as yet nothing has been forthcoming.
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 :

For now please let me know whether you signed the deal in store or at your home?

Customer:

We signed the deal in our own home

Alex Watts :

Ok - How long after did you try and cancel?

Customer:

We cancelled it the following day by filling in a cancellation form and sending it recorded delivery

Alex Watts :

Ok - how did you pay the £299?

Customer:

By cheque. They refused a credit card

Alex Watts :

Did you cancel the cheque or can you?

Customer:

No. It was banked two days after payment. Which was two weeks before the survey was due to be carried out on 14th July.

Alex Watts :

Ok. Well the good news is that you have 14 days cooling off period under the Consumer Cancellation Regulations

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:

Mistake with that date it was 17th July. Sorry. When we phoned the company we were told the refund would take up to 45 days. Which and been and gone.

Alex Watts :

Oh I see. Now sadly you can not then.

Alex Watts :

You had 14 days to do so.

Alex Watts :

You are not out of time - I am sorry

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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