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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently bought a vacuum cleaner off an engineer who came

Customer Question

I recently bought a vacuum cleaner off an engineer who came to my house to service my existing machine. I find that it is to heavy for me to use. I am 81 years of age and my wife is 83 and she suffers from Parkinsons disease. I told the engineer this and that I needed a lighter machine. I have written to the firm by recorded delivery and said that I wished to cancel the sale and asked for a refund. I paid by credit card.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did you make the purchase and how much was the item?
Customer: replied 1 year ago.

22nd. June-----£995

Expert:  Ben Jones replied 1 year ago.
A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online). All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s remises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:· Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made· Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). The statutory cancellation periods are as follows:· Services – 14 days after the day the contract was entered into· Goods – 14 days after the day the goods came into the physical possession of the consumer The above cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information. If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:· Consumer – must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them; pay the delivery costs unless the trader did not advise them that they would be liable for this at the time the contract was concluded.· Trader – must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days If you wish to get a template cancellation form you can refer directly to an example given in the Regulations: http://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made (scroll down to the bottom where it says B. Model Cancellation Form) If you purchased the item on 22 June then you are now over the 14 days to cancel so it depends on whether the tradesman issued you with a notice of your right to cancel or the other required information as detailed above. If they did not then your right to cancel would still apply and you can use the above template to issue them with this notice. Whilst you paid by credit card you would not be able t rely on the protection offered by it unless you can show that you have been misrepresented or the item does not conform to what you ordered (i.e. if you were given the wrong item, one that does not work, etc). I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

I wrote by recorded delivery to the firm on 1st.July which is within the 14 days

Expert:  Ben Jones replied 1 year ago.
If you did try and cancel within the initial 14 day cancellation period then you should be allowed to cancel the contract and obtain a refund. The credit card protection would only really apply if the company has gone bust or the item is faulty or not as described. If the item is working and the trader is still operating but you have found that you no longer want the item or it is not what you were hoping for then it would not apply and you need to go to the trader directly. If they refuse to acknowledge your rights and issue a refund then you will have to consider going to the small claims court to try and get your money back. Before you do so you should send a final reminder to the trader advising them that legal action is your next step if this remains unresolved. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I have emailed the firm concerned and as yet they have not acknowledged any of my correspondence. What is the next step ? I feel that they will try to ignore me

Expert:  Ben Jones replied 1 year ago.
Do you actually wish to go to court next, you should try sending them a final letter before action first but if you want to make a claim then i can provide details of that?

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