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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I bought a thermal wrap from a company in March. I paid

Resolved Question:

I bought a thermal wrap from a company in March. I paid 550pounds for it but have not yet received it. The contract I signed says I can cancel in a cool off period of 14 days but where do I stand as I have not received it and they are now saying they'll bring it to me in September. Can I cancel and ask for my money back immediately
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months 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 11 months ago.

Are you based in Scotland. My apologies; I may have responded by accident?

Customer: replied 11 months ago.
I am
Expert:  Ben Jones replied 11 months ago.

OK thank you. I will opt out so that another expert can assist you. Thanks

Expert:  Alex J. replied 11 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the seller also based in Scotland? Kind regards AJ

Customer: replied 11 months ago.
they are
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. Is the seller a business or private individual? Did they give you any time estimate for delivery? Kind regards AJ

Customer: replied 11 months ago.
The company is called ssp marketing in Glasgow. It's a business and they told my mum who I'm writing on behalf of, that they would be coming in in three days. The contract is dated 9.3.2016
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. Under the Consumer Rights Act 2015 the goods must be delivered without undue delay or no later than 30 days. You would be entitled to cancel and demand your money especially as the delay has been so long and they gave an estimate of 3 days. Have you asked for a refund?

Customer: replied 11 months ago.
they said they would get the salesperson who sold it to her to call her . That was yesterday and as of now they still have not returned her call
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. I would give them one more chance and say if they do not process the refund within 48 hours you will either:

(i) Report them to trading standards;

(ii) Or recover the money by any other money available (including but not limited to a small claim).

Unfortunately even though the law is on your side, the burden of proof is on you, any you will have to pressurize them for any refund or action. Did you pay by Credit Card?

Customer: replied 11 months ago.
They paid the whole amount with a cheque
Expert:  Alex J. replied 11 months ago.

Thank you. No problem, you will need to use your consumer right to terminate the arrangement to force a refund. If they will not respond by phone you will need to starting making your demand in writing. Kind regards AJ

Customer: replied 11 months ago.
Great thank you. If I call them to I state that I want to terminate our agreement due to the delay and therefore want s full refund then repeat this is writing too. Sorry I just want to be clear I do this correctly!
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. I would start by saying:

(i) they initially estimated a visit in three days;

(ii) they have a statutory obligation to deliver the goods in a reasonable period of time and with no undue delay.

(iii) March to September is clearly an excessive delay

(iv) Say if they do not refund your money in full within 7 days (confirm processing of it with 48 hours) you reserve all your rights against them under the Consumer Rights Act 2015.

Kind regards AJ

Customer: replied 11 months ago.
Thank you so much that's a great help. I know my mum and dad will really appreciate this. As they both are nearly eighty I'm sure they'll appreciate your help thank you
Expert:  Alex J. replied 11 months ago.

No problem. I wish you the best of luck. If I can assist any further please let me know. I would be most grateful if you would rate my answer in the mean time? Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience: Solicitors 2 years plus PQE
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