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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I red a private detective and wish to cancel. Their terms

Resolved Question:

Hi,
I hired a private detective and wish to cancel. Their terms say 48 hours and you have to pay 50%, but I cancelled 50 hours before the service was due to start. I cancelled by email, but they didn't see the email until around 10 hours later. I am also within their 7 day cooling off period. Despite this they are refusing to refund. What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did you instruct them over the phone or online?
Alex

Customer: replied 1 year ago.
Hi Alex,I found them online and after discussing the case placed the order over the phone last Friday.
Expert:  Ash replied 1 year ago.

Ok - then by law you have 14 days to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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?

Alex

Customer: replied 1 year ago.
Thank you that's great. What if they say the T&C's the supplied to me over rule the 14 day rule you mention? Is that possible? I assume the 14 days is because it was remote selling?
They sent a link to their T&C's via email, but I signed nothing.
Expert:  Ash replied 1 year ago.

It makes no difference, they can NOT change the law.

You have 14 days.

Does that clarify?
Alex

Customer: replied 1 year ago.
Hi Alex,It does, I was worried they would say their contract changes that.Thanks
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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