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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i hope you can help me. i have signed a contract

Resolved Question:

hi i hope you can help me. i have signed a contract for solar panels to be fitted to a property, i had to cancel the instalation due to not being able to get finance to pay the outstanding amount. the company have said that i cancelled outside of the cooling off period and they are entitled to claim lost profits and costs. however before i signed the contract it was agreed that if i could not get finance i would not be able to pay for said panels. where do i stand legally. any help on this matter greatly appreciated.
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 :

When did you sign and when did you attempt to cancel please?

Customer:

hi i signed on the 13th of november

Customer:

and told them i cannot go ahead 2 weeks ago

Alex Watts :

I see. Did you sign the deal at your home?

Alex Watts :

Were you given a cancellation notice with the order?

Customer:

yes i did and my brother was in attendance at the time

Customer:

not sure about the cancelation notice

Alex Watts :

Its bad news I am afraid. You have 2 weeks to cancel the order under the Consumer Contracts Regulations.

Alex Watts :

Sadly outside of this period you only have a right to cancel as per the contract.

Alex Watts :

Sadly it seems as if you are well outside the cancellation period.

Alex Watts :

But your right to cancel only starts if there was a cancellation notice cooling off in the documents you received.

Alex Watts :

If not then you are not bound and can cancel at any time

Alex Watts :

You should therefore check the order documents carefully to see if it contains a cancellation notice option.

Alex Watts :

If not then it can't be enforced and you are not liable.

Alex Watts :

If it does, then sadly you are liable.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

does the conversation about having the means to pay not amount to anything in legal terms

Alex Watts :

Yes but that needs to have been witnessed. if so then you are ok.

Alex Watts :

If it was conditional upon getting finance.

Alex Watts :

Does that help?

Customer:

yes my brother was a witness, so i will speak to the company to see what there response will be, many thanks

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

no your your help is greatly appreciated, thank you.

Alex Watts :

Great. If I can ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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