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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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We have cancelled our contract with a block paving/gardening

Customer Question

We have cancelled our contract with a block paving/gardening firm by e-mail, fax, phone, and special delivery letter two days after the preparation work began. The cancellation was two days after the contact start date. We have not received any communication confirming the cancellation or a bill for the two days worked as we requested. The post office have confirmed they have been unable to deliver the special delivery letter leaving a card instructing its collection from the sorting office. Phone calls get switched to answer phone and it would appear the office address could be an empty house. If they are deliberately not contacting us until the fourteen days cancellation period expires can the then say they have not received the communication and demand the full payment of £4500? The contract states we can cancel in writing within fourteen days of the contract date provided we pay a reasonable charge for work done.
We have kept copies of our communications sent. Thank you. Chris & Denis Wilkins
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree rights of cancellation?
Customer: replied 1 year ago.

The contract includes a notice of right to cancel the contract. It states that we must do so in writing and deliver personally or send by post or email to the person named below. That person is stated to be SUB TERRA DRIVES

at 50, Irwell Street, Halton, Widnes WA8 0EP. The contract order number is ***** on this notice by the contractor. We have given notice by email, fax and special delivery letter which Royal mail failed to deliver, no reply at the

door. We have evidence of this communication and ask if this is appropriate in law for the purposes of cancellation. We have telephoned

to try for confirmation without success. This is the contract that was sign

by us but we have just noticed that the contractor failed to sign where applicable. We become more concerned that we are dealing with difficult people at every turn.

Expert:  Jo C. replied 1 year ago.
Yes, you probably are.
That is a rather unreasonable term anyway that might not survive UCTA. In any event, you sent it by email which is all the contract requires.
For that reason it will be difficult to argue that they hadn't received it.
If they did not receive notice then they would have a claim for lost profits which would be nothing like the sum due under the contract.
It is possible that there could be a small admin charge arising from cancellation but it is not going to be the sum of the contract.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for that reply. Can I add that the notice of right to cancel the contract includes the following. If we cancel in accordance with our rights after work has commenced we are advised that reasonable payment may be due for any work carried out. We have acknowledged this within our

notice to cancel, but with no response. Can you please advise the meaning of UCTA. Is this reasonable payment what you refer to as lost profits. From the response so far we anticipate a more than reasonable heavy charge, but given the opportunity we would close this matter on that basis. We are concerned that we are being told that we should pay in cash for this contract service, another example of how foolish we consider we have been.

Expert:  Jo C. replied 1 year ago.
Yes, there may be a charge for work done by it will not be a lot at this stage.

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