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Jenny
Jenny, Solicitor
Category: Law
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My friend wanted to replace French doors to her terrace and

Resolved Question:

My friend wanted to replace French doors to her terrace and made an inquiry to a firm called Anglian Windows. On 13th August a salesman came to her house and during the visit and under considerable sales pressure, assurances and promises she signed an agreement to purchase and fit the doors and supply one window.
She paid Anglian's minimum required deposit of £600 on the spot by debit card. On 26th August (13 days dater) Anglian sent their surveyor to her house to look at what would be required, whether it would indeed be viable and to measure up. During that visit the surveyor advised her that there would be additional charges and a variation to the specification to what had been agreed to. (specifically the door hinges would be bulky unattractive ones, and the door sill would be of the raised type).
After the visit my friend was very concerned about the anomalies and discussed it with me. The same day (26th August) she sent an email cancelling the contract to Anglian's Legal department as stated on their contract.
She stated in that email ..
"I have now decided that I do not want the items and work done because your surveyor Mr Glen Weavers visited my house today and has advised me that there will be extra charges and a total variation to what I was sold and have agreed to. I believe that the sale has been made on a misrepresentation of fact. Notwithstanding the 7 day cancellation benefit offered by you in the agreement, I wish to exercise my statutory rights and cancel the agreement. The Consumer Contracts Regulations 2013 provide for a 14-day cooling-off period [as amended from 13 June 2014] during which consumers have the right to cancel contracts made in a consumer’s home."
On 28th August Anglian responded by email acknowledging the cancellation. Several phone calls to Anglian thereafter requesting the deposit to be returned were met with ambiguity. The final call was met with the response "our contract states you have 7 days in which to cancel the agreement and you were outside that time so no refund of deposit"
Questions
1. Are Anglian correct to apply a 7 days cancellation clause in their contracts? My understanding is that If you entered into the contract at home, your place of work or during an excursion from 13th June 2014, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations. This was an extension of the Doorstep Selling Regulations, which cover the period before 13 June 2014, which then gave seven working days. Looking at the exclusions it would seem that only new build properties and work constituting a new build might be excluded and certainly not home improvements.
2. Is my friend entitled to her deposit back? Apart from her cancelling the contract at 13 days (within 14 days) the terms were being varied by the Anglian surveyor (hence the cancellation) and at this point she had lost confidence. A search since on the Internet has certainly endorsed that that decision! Additionally Anglian had not undertaken any work.
3. If she is entitled to her deposit back what would be the best next step. The issue of a small claim summons?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have they given any reason for the refusal to refund the deposit?
Customer: replied 1 year ago.
They quoted their contract which states you have only 7 days in which to cancel the agreement. Then they stated they cannot refund the deposit because it was over the seven days.
Expert:  Jenny replied 1 year ago.
You are quite right that there is a now a cooling off period of 14 days and that the contract should not give less rights than the law.
This is a try on by the company.
She should now send a letter before action demanding a refund of the deposit.
If they fail to pay she can claim online using the money claim online service. www.moneyclaim.gov.uk
The exception to this would be if the company were arguing the goods are bespoke and that they had already commenced work. I do not think that they can run this argument given that she cancelled on the day the surveyor visited the property.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks Jenny .. I thought this was the case and my friend will be somewhat relieved!

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