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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Consumer Advice. Last year I went to the ideal home Exhibition

Customer Question

Consumer Advice. Last year I went to the ideal home Exhibition (Nov 2014) and make an appointment with Will writing services WSL. to come to my house. They had a special deal to write your will for £95. I was in a bit of a vulnerable state as I had recently lost my daughter who left 3 little boys and I took redundancy from work to help in their care. I wanted a will to ensure everyone benefitted. I did ask that they should delay the app as I was unsure how I wanted the will to look, but they insisted that I should allow their person to come and that he would help me. Consequently they sent me a will to sign that afterwards was not what I wanted, so I phoned them at the end of January15 (1 month, which I was told I could cancel.)They asked me to update the will and sign it and return. I have not updated or signed the Will and they also sold me storage of the will for the rest of my life totalling £1315.(Lifetime classic £995, and Residency Trust £225) I wrote to them saying I would pay for the writing of the will (£95)but that I would like my money returned for the storage as they do not have anything to store. They said I had 7 days to cancel when I was told I had a month,and that it is legally binding and there is nothing I can do. They have not given me this in writing as I requested. Have I lost all my money.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you sign any form of contract or terms and conditions please?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I seem to have signed a contract on the 27:11:2014. Does the offer to speak on line cost another £40 on top of the £47 I have paid already.
Customer: replied 1 year ago.
When do I get to speak with Alex on the phone?
Expert:  Ash replied 1 year ago.
Do you have a number?
Alex
Customer: replied 1 year ago.
I sent my number, I thought to you. It is(###) ###-####1363. Thanks
Customer: replied 1 year ago.
0207(###) ###-####
Expert:  Ash replied 1 year ago.
I will call shortly.
Alex
Expert:  Ash replied 1 year ago.
www.moneyclaim.gov.uk
and
The Unfair Terms in Consumer Contracts Regulations 1999
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Alex
Customer: replied 1 year ago.
I do not understand your reply. What we spoke about on the phone is not what is included here. I am at a loss of how to write this letter.
Marie
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?