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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 on Thurs 27 Nov for installation of PV

Customer Question

I signed a contract on Thurs 27 Nov for installation of PV panels, and for work to begin on Wed 3rd Dec and surveyor to visit on Mon 1st Dec.
In order for work to begin I wrote "I have waived my right to cancel" in the box on a "Work beginning prior to the expiry of the cancellation period" form on the sales managers instruction.
Can I still cancel if I pay for any work done before my cancellation?
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 they. have done ANY work or just the survey for 1st dec?
JACUSTOMER-z9xyf799- : Hi, no work has been done yet. The suveyer is due to come tomorrow am to finalise the bits for the fitters to have in their van.
JACUSTOMER-z9xyf799- : Sorry, rude of me, my names is Jim. It's my first time on chat.
JACUSTOMER-z9xyf799- : I actually emailed a cancellation notice to their office around midnight on Saturday for them to see first thing Monday. But I have looked at the waiver again and although it talks about " subsequently deciding to cancel within 14 days and paying for work done prior to cancellation" I'm starting to think the waiver I wrote negates this and they will not accept the cancellation. Jim
Alex Watts : Who is the company?
JACUSTOMER-z9xyf799- : Solartech Renewable Energy
Alex Watts : Why do you want to cancel?
JACUSTOMER-z9xyf799- : A canvaser said a surveyor would come on Thurs to see if the house was suitable and give an idea of cost, but instead the sales manager turned up and I Ended up signing up quickly, believing the FIT was due to stop on 1st Jan. I was also voicing doubts as to whether I would be moving in the near future and unable to pass on the FiT. Having thought about it now and talked to my family( I am a 72 year old widower rattling about in a 3 bed bungalow) I realised that I am likely to want to move nearer to family and downsize in a few years , And this investment would lock me to this house for 12 years or so if I wanted a return on it.
Alex Watts : Yes it would.
Alex Watts : Looking at what you have signed it says you waive your right for it to start earlier.
Alex Watts : Therefore if it has been started IE the survey your right to cancel stops.
Alex Watts : But before it starts I think you can cancel.
Alex Watts : You wake be the right for work beginning before.
Alex Watts : However work has not begun and therefore I say you can cancel.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-z9xyf799- : Are ther new regulations out for 2014, I think I saw drat ones for 2013 that said you could not sign away your rights?
Alex Watts : There are new regs put this year but if you allow the work to start, the retailer runs the risk you can cancel. They might argue this is bespoke and therefore not covered.
Alex Watts : But I think you can cancel.
Alex Watts : You can't waive your right, but I think in any event you can cancel.
Alex Watts : Does that help?
JACUSTOMER-z9xyf799- : Would the email sent at the weekend and seen on Mon qualify as being before the surveyor comes at 9 to 10 am on Monday
Alex Watts : Yes I think it would. In any event don't let the surveyor in!
JACUSTOMER-z9xyf799- : OK thanks for that Alex. Best regards Jim
Alex Watts : Can I clarify anything else for you today Jim?
JACUSTOMER-z9xyf799- : Thanks for your help best regards Jim
Alex Watts : Can I help with anything else today?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No thank you . The matter is now resolved. I sent and email cancelling the contract. But, inview of my probable liability for 'bespoke' items which they had needed to get immediately due to the mad scramble for parts before the reduction in FIT on 1st Jan, e.g. An unusual sually sized inverter - £650 ( they would give me this, and I had checked the price was similar on the Internet), plus the cost of the 3 man fitting crew slot which they could not rearrange at 1 1/2 days notice, and litigation costs, I accepted a £900 reduction in the cost the system and allowed them to proceed. This reduced the cost of the system from £6,100 to £5,200 and, knocked possibly 2 years off the payback time that had been my main concern. Win win situation? Anyway thanks again for your help.
Expert:  Ash replied 2 years ago.
If you are happy with this, that is all that is important.
I am happy it has been resolved.
Alex