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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, while at work my wife had a firm of window frame cleaners

Resolved Question:

Hi, while at work my wife had a firm of window frame cleaners turned up at the door on Wednesday the 18th and offered to clean all the window frames and conservatory for £200, she agreed and signed a contract and was left with a leaflet. They returned the next day and commenced work, after completion my wife rang me to come home, The job they had done was terrible bits missed green mould and moss left on most of the joins and corners so she had refused to pay and she would ring the office later. She also told me that they had asked her for a 'pan scrub' because they had left there own behind. On reading there contract it only gave a 7 day cooling off period and she had not signed the right to weaver this or start the job in this time frame. I have refused to let them back on the ground that a lot of damage may already have been done to the plastic pvcu frames with the pan scrub.
Where do we stand with this?
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 the cost of putting this right?

Customer:

Actually not known at the moment without getting an expert in but the double glazing cost £5000 4 years ago, but I am also confused with the 7 day cancelation period I thought the laws had changed in June.

Alex Watts :

They did. The law change for services booked online or telephone to 14 days

Alex Watts :

Indeed the Doorstep Selling Regulations also changed to 14 days

Alex Watts :

If she asked them to commence work then there is no breach

Alex Watts :

If they just came the next day and started work there IS a breach

Alex Watts :

But in any event you would have a claim under Section 13 of the Sale and Supply of Goods and Services Act because they have to act with all reasonable skill and care.

Alex Watts :

You need to get 3 quotes for putting the work right and pick the cheapest, this forms your loss

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.

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:

I agree but is the contract legal if it does not state 14 day cooling off period which when reading The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 I am led to believr.


Consumer Contracts (Information, Cancellation and Additional


The Consumer Contracts (Information, Cancellation and


The Consumer Contracts (Information, Cancellation and Additional

Alex Watts :

No it is not legal.

Alex Watts :

But that does not get over the damage, which you need to claim for

Customer:

So this will be in my favour when pursuing this

Alex Watts :

Yes I think it will be

Alex Watts :

Based on the information you provided

Alex Watts :

Does that help?

Customer:

Ok Alex I will go and seek local legal advice tomorrow before I send my letters,

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

Yes, can you type slow like me, just kidding will rate your answer excellent. thank you for your time.

Alex Watts :

Thank you. Have a good weekend

Alex Watts :

And if I could ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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