Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Have you made any formal requests to Any Van?
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.
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
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?
You are welcome, all the best