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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47870
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I signed up with Leisure Medical UK small advert 2 year

Resolved Question:

I signed up with Leisure Medical UK for a small advert for a 2 year contract I paid a deposit of £160 on debit card , Question is am I within my rights to cancel within 7 days Cooling off Period ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me whether you have a written agreement for this?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
2 year with split paymenst
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. In the circumstances there is no automatic right to cancel or any cooling off period you can rely on. The consumer rights laws you refer to are there for consumers only, i.e. Individuals not acting in the course of a business. If this contract was between two businesses (you said this was for your wife’s hair salon so this would be a business) then this is not going to be a consumer contract and the consumer law cooling off periods will not apply. Therefore, to be able to cancel you must rely on whatever contractual right to cancel may be in place. As such you need to check the contract to see what cancellation rights exist under it. If there is no right to cancel then you will not be able to cancel as it is entirely possible that no cancellation can take place. Therefore, as this is not a consumer contract and not subject to consumer laws, your only right to cancel will be that in the contract and if no such right is contained there, there would be no right to cancel, unless the other party ages to it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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.
Thanks for your info. On the agreement it is dated 19th May and the actual date that I saw ***** ***** was Friday 20th May to which I gave him my Debit Card details. so with the dates being incorrect is this a binding contract ?
Also the rep never asked that I read the reverse of his order form.
Expert:  Ben Jones replied 1 year ago.
as a business you are expected to read any documentation you are provided with and to be satisfied with your position before you agree to anything, The fact that you were not asked to read the back of the order form makes no difference - as long as you were provided with the terms it is assumed you knew about them, you will only be able t challenge this if you were not actually provided with the terms before you accepted the agreement. The dates are also a non-issue, a contract would be in place regardless because it is clear that this was just a one day difference which makes no material difference to the services provided. Therefore, these would not be grounds to challenge this. You could still take the risk and cancel hoping that they will not go as far as making a court claim to try and pursue this but it is their right to do so if they really wanted to. You could try that though and as soon as it becomes clear that they may be taking it to court you could try to negotiate to resolve this. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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