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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I entered into a contract and paid a deposit with a well known

Customer Question

I entered into a contract and paid a deposit with a well known double glazing firm within the confines of my property and was told by the saleperson I had a statutory 14 days cooling off period. however on reading the miniscule print on page 3 noticed it stated 7 days however I returned the completed cancelation form by e-mail on the morning of day 8 believing any contract commences the day after signing. As you can guess the company is playing hardball and abrupt stating they are within their right to retain the deposit and I hav'nt a leg to stand on. Ive also quoted "consumer contracts regulations 2013" of which they have failed to respond.
Hope you are able to assist
Many thanks
Vince Robson-glen
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.
Have they done any work? I presume they have measured the windows?
Customer: replied 6 months ago.
The windows and door were roughly measured by the salesperson at the time but no surveyor carried out detailed measurements or work. A rough schedule of works was sent by Anglian by e-mail before the salesperson had even left my property but was very vague and inaccurate. I amended the order within the first 3 days (cancelling the door and adding a further window but no further contract or schedule was sent out. The deposit was only £99 but I am aggrieved nonetheless by their attitude and lies.
Expert:  Jo C. replied 6 months ago.
This really comes down to whether or not you can establish that the salesmen told you that the cancellation period was 14 days. In fact, your consumer regulations to which you have been referring them do not apply here. This is a sale of a product that is made to specification so there is no automatic cooling off period despite it being a home sale. Nevertheless, they did offer a cooling off period and you can demand that under the contract. They will say that they are only bound for 7 days. You will argue that you were offered 14 days. If he accepts that he said that then you are home and dry. If not then you may struggle to prove it was said. Even if you are only entitled to cancel up until 7 days though they only have a claim for the sum of their loss. Arguably that would include lost profits but probably they would only get the cost of their actual loss which would be the value of the measuring. The reality is that they won't contest this if you were to sue. It is not worth the manpower costs. Can I clarify anything for you? Jo
Customer: replied 6 months ago.
I stated the salespersons comments and basically he has denied saying this as well as other incorrect statements. (the lies and pressure tactics were the reason I decided to cancel). As it was the start of the 8th day when I cancelled am I right in stating a contract commences the day after signing? (it was 8pm when I caved in and signed)
Expert:  Jo C. replied 6 months ago.
Yes, I thought he might.Contracts commence after agreeing even verbally.
Customer: replied 6 months ago.
So basically its not worth me pursuing then??
Expert:  Jo C. replied 6 months ago.
Well, it is not really worth it at all for a sum under £100. The question is whether you feel so strongly that it is worth it for other reasons than the money.
Customer: replied 6 months ago.
Ok Jo,
Thanks for your assistance.
Many thanks.
Expert:  Jo C. replied 6 months ago.
No problem.All the best.

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