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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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CONTRACT CANCELLATION

Resolved Question:

Do I have a statutory right to exit a contract within 14 days of signing? This is a telecoms contract signed remotely with no hard copy. Thank you!  The contract was signed on 12 January and the service signed up for has not yet been provided.

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 :

Was this a consumer or business contract? Have the services started?

Customer:

It was a business contract. And no, the services have not started. They are unsure as to whether or not they can provide what I need and I'm being asked to take photographs of my phone system for them to check!

Alex Watts :

Does the contract have a cooling off period as a clause?

Customer:

I've been unable to see the contract which was signed electronically, although I asked for a copy yesterday, so I'm unsure as to whether there's a cooling off period specified.

Alex Watts :

Ok. I will assume there is not. If there is then you are entitled to cancel.

Alex Watts :

If not its bad news. There is no statutory cooling off period.

Customer:

secure.echosign.com/public/user are the people who sent over the agreement. I filed it thinking the contract was attached but when I click on the agreement nothing comes up

Alex Watts :

But they key is in the title, you have to be a consumer. You are not, you are in business and as such there is no statutory cooling off period. So unless the contract has a cooling off clause, then you sadly do not have one.

Customer:

So unless they are unable to provide the service they say they can there's nothing I can do?

Alex Watts :

If they can't provide the service, then you can cancel for breach of contract

Alex Watts :

But otherwise sadly no, you can not cancel or change your mind, UNLESS the contract allows you to

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is there a timeframe for them providing the service?

Alex Watts :

No, but you would expect it to be within a reasonable time

Alex Watts :

What is reasonable is a matter for a Judge, should it get that far

Alex Watts :

For a phone service I would expect within a couple of weeks.

Alex Watts :

You should certainly write and say you want it within 14 days or say you consider the contract ended. That way your position is clear

Customer:

OK, thank you! As you say not the advice I was looking for.

Alex Watts :

Sorry....... Can I clarify anything else for you?

Customer:

I'll chase again for a copy of the contract and see whether or not there is a timeframe ... I'll phone them now

Alex Watts :

Indeed.

Customer:

No, unfortunately not! Thanks and regards,

Alex Watts :

If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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