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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Legal contracts

Resolved Question:

legal contracts
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How is it I can help with this please?
Customer: replied 2 years ago.

hi i have sent in and awaiting response

Expert:  Ash replied 2 years ago.
I can't see your response, could you send it again please?
Customer: replied 2 years ago.

hi alex

now sent again

regards mark

Expert:  Ash replied 2 years ago.
Hi Mark
Can you type it here again as I can not see it? I can see the background but need to know what you need help with. Thanks!
Customer: replied 2 years ago.

i have sent it twice now

about 100 words

Expert:  Ash replied 2 years ago.
I can't see it. Can you type it in this text box?
Customer: replied 2 years ago.

ok again

we sell motorhomes for private sellers under a brokerage agreement we dont charge anything for our service providing they stick to our 90 day agreement

we have a full set of terms and conditions with the rights to cancel on the back of our agreement

we have taken someone else to court and the judge awarded to us

now we have someone else who has broken the agreement and paid us a part amount of money by chq

we then invoiced for the correct amount and he has gone to a solicitor and the solicitor has said to him that our terms and conditions do not apply to the consumers home work regulations 2008 sub paragraph 7 (6)

the customer has now written to us asking for the money he paid and the solicitors costs to be paid to him

originally he came to us and we went and did a full appraisel on his motorhome to market and sell his motorhome

please can you help

mark harvie

Expert:  Ash replied 2 years ago.
Did he order online, via phone or did he come to you? Where were the terms signed?
Customer: replied 2 years ago.

he ordered our services by phone and an appointment was set up and and my co director went to his home address and carried out a full appraisel on his motorhome (filing in an appraisel form about the extras and what the motorhome has to offer, taking about 30 pictures inside and out) then over a cup of coffee in the clients home go through terms and conditions and the client then signed

one day later we check with the client that the advertising is correct (ie gumtree,ebay ect ect)

the client was at least 30 days into the agreement

Expert:  Ash replied 2 years ago.
Did you have a cooling off clause in your contract?
Customer: replied 2 years ago.

no we do not have a cooling off clause as the client wants to start our services asap

Expert:  Ash replied 2 years ago.
But does the contract itself contain a cooling off period as standard?
Customer: replied 2 years ago.

no our contract does not contain a cooling off period

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. Your contract MUST have a cooling off period under the Doorstep Selling Regulations and Consumer Contract Regulations 2014. If the customer then says they do not want the cooling off period, that is another matter.
But if any contract is concluded by distance, ie off site it MUST have a cooling off period. I am sorry to say that their Solicitor is right, you have no claim against them. Any contract against the customer is VOID unless there is a cooling off period.
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.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

thankyou for the answer

we do hand it out on a seperate piece of paper how to cancel and the 14 days cooling off period just not in the agreement itself

the money that he has paid us so far for breaking the agreement would we have to give it back and would we have to pay his solictor costs

Expert:  Ash replied 2 years ago.
If you have a cancellation notice that is provided then you are ok.
If you provided the cancellation notice you do NOT pay anything as you have complied with the law.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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