Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you signed the deal in store or at your home?
We signed the deal in our own home
Ok - How long after did you try and cancel?
We cancelled it the following day by filling in a cancellation form and sending it recorded delivery
Ok - how did you pay the £299?
By cheque. They refused a credit card
Did you cancel the cheque or can you?
No. It was banked two days after payment. Which was two weeks before the survey was due to be carried out on 14th July.
Ok. Well the good news is that you have 14 days cooling off period under the Consumer Cancellation Regulations
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?
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.
Oh I see. Now sadly you can not then.
You had 14 days to do so.
You are not out of time - I am sorry