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Ben Jones
Ben Jones, UK Lawyer
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I booked a removal company (We_Care) via a 3rd party

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I booked a removal company (We_Care) via a 3rd party (AnyVan)on the 29/07/16 to carry out a house move for me on 15/08/16 (to storage) and on 23/08/16 (to my new flat) so I booked the moved 17 days in advance.
The quote I accepted was for £480 and a deposit of £160 was paid to AnyVan. I could not see any link what so ever to We-Care's Ts&Cs so I didn't get to read any nor did I ask for them (my mistake). On 05/08/16, I changed my mind about the company because I had been unable to contact We_Care on the phone and would only get a response via e-mail or by text... I also found out that We_Care are not a registered company nor do they have a website so I decided to cancel the booking. I assumed the Consumer Rights Act distant selling regulation which stipulates I have 14 days 'cooling off period' applied. According to both AnyVan and We_Care, that is not the case.
AnyVan refused me a refund and that issue is now being handled by the disputes department of my bank as Visa does follow this regulation. I informed We_Care of my decision by e-mail on 05/08/16 (giving 10 days notice). They automatically replied asking for a 50% cancellation fee. When I explained that I did not know of this cancellation fee, reminded them I had paid a £160 deposit and mentioned the 14 days cooling off period, they ignored the regulation and stated that the deposit has nothing to do with them (it's AnyVan's fee for putting us in contact with eachother), and they said that their Ts & Cs state that there is a 20%-50% cancellation fee and they sent me the link - this was a link to their profile page on AnyVan's website(?!?). Within 10 minutes (without me replying), We_Care followed up with an e-mail asking for 20% cancellation fee...(?!). I replied explaining that their Ts & Cs were not available in a durable format precontract and that I would be seeking advice on how best to proceed with this matter. Their response was to write a long angry e-mail to me stating that I had not given them a chance fix the problem and by cancelling by e-mail had shown them 'no respect'. They also proceeded to state that:
''In this case you're obliged to pay a minimum of 20% from the accepted price which is indicated in the contract/ job sheet and Invoice which can be downloaded from Any Van.
We had a lot of customers canceling the jobs and some of them who refused to pay the cancellation fee were invited to courts and 99% of all cases - we won.''
I did not reply.
Today they sent me a follow up:
''The payment wasn't received yet.
Can you let us know , please ?
Our solicitor advised us to wait until Friday this week.''
Additionally, the company I was asked to send the cancellation fee to was NOT We_Care....it was ATPM courier Ltd....
I would really appreciate it if someone could tell me if I am in the right and if they have a case to take me to court for £64....This is becoming very distressing.
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.

Have you made any formal requests to Any Van?

Customer: replied 1 year ago.
Hi Ben, yes, I sent AnyVan an e-mail requesting a refund, they asked me to fill out their refund request form, which I did, and they got back to me last night stating that they refuse to issue me a refund as ''request did not fulfil our terms and conditions as this is a customer cancellation'' and they also stated that ''In regards ***** ***** 14 day cooling off period, we are not subject to this as the quotes you are receiving are tailored to your specifications.''My Bank is handling the AnyVan dispute. My concern at the moment is with WeCare as they are chasing me by e-mail for payment for a service I never received and a cancellation fee which I never knew of prior to accepting the quote. they are indirectly threatening me with a law suit if I don't pay them (or pay ATPM courier Ltd I should say) the £64... I want to know if I have any rights and if they have a case? As far as I knew, the consumer rights act allows me 14 days cooling off period for distant selling. Nothing was custom made for me. And WeCare even stated in their replies that they started taking booking for the dates I had booked out....
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 in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Thank you. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online).

All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:

· Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). The statutory cancellation periods are as follows:

· Services – 14 days after the day the contract was entered into

The above cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

The argument that they are not subject to the regulations because they provide a personalised or tailored quote is misguided. Just because a personalised quote as given does not mean they are not subject to these rules – personalised goods would be exempt but tailored service which have not even begin yet would not qualify.

I very much doubt they have taken the other customers to court for such paltry amounts. Whilst there is nothing stopping them from making a claim against you, it won’t be worth their time and money. You could just play the game and let them sue you I they really wanted to – even if you lost you would not have to pay their legal fees as each party pays their own in the small claims court. You may have to pay an extra £50 or so for the court fees but that is the small risk you may have to take if you are to challenge them and stick to your guns.

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.
Hi Ben, thank you so much for sending me this information so quickly. I just need to clarify something in case I'm understanding it wrong. The Ts & Cs that We_Care provide are on their Profile page on the AnyVan site. I did have access to the profile page prior to accepting the quote but I did not look at it as I did not expect Ts & Cs to be on a profile page and all the information I needed (i.e. rating, insurance status and verification status) was displayed on the main page along side the quote. Am I in the wrong for not having known that Ts & Cs would be found in the Company Profile and the main question is, are We_Care allowed/able to override the 14 days regulation by simply stating they want a cancellation fee?My Bank (who is dealing with the AnyVan refund) has actually said that they Visa (my card provider) adheres to the regulations and that the 14 day cooling off period applies to my situation no matter what their Ts & Cs say.I do agree with you on the probability they are bluffing but nevertheless it is distressing especially as I'm trying to pack up my flat whilst also recovering from a fractured spine....this is frankly the last thing I need.Thank you for you help
Expert:  Ben Jones replied 1 year ago.

Hi there, the trader cannot impose fees for reimbursement or cancellation, unless they are fees for delivery for a premium service (not applicable here). In relation to services, if the services had already started in the initial 14 day period then you may be charged for part of these services you had received in that time. Hope this clarifies?

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
that does clarify things, thank you. I will stick to my guns and hopefully if they do take me to court, I am the one in the right. Thanks once again.
Expert:  Ben Jones replied 1 year ago.

You are welcome, all the best