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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5600
Experience:  Solicitor
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I ordered a new front door. On the order form it appears

Resolved Question:

I ordered a new front door. On the order form it appears that is what I have ordered. The frame is noted in the information box at the bottom as being white which is what I currently have and thought I was retaining. Emails have gone back and forth and I subsequently said I would cancel after having tried to resolve the issue. They have said I cannot do this as it has been made as a special order and I had 10 days in which to cancel. On their order form on the back at the very bottom it says I had 7 days to cancel. It doesn't say it is a special order. Their confirmation of order letter does not not say it is a special order nor confirm the period of cancellation. I ordered in June and cancelled in September having given up! They have sent this for debt collection. Can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Did you order this online or at a distance?

Customer: replied 1 year ago.
In the home from an appointment made via a telephone call
Expert:  Jamie-Law replied 1 year ago.

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/n1-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?

Customer: replied 1 year ago.
I have not paid anything yet which is why they are sending it for debt collection. They are still in possession of the goods
Expert:  Jamie-Law replied 1 year ago.

Ah ok. In that case I would not worry.

Debt collectors have no legal powers whatsoever.

If it went to Court and I doubt it would you can say they are in breach of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Does that clarify?

Customer: replied 1 year ago.
Can you just tell me what makes them in breach of the consumer act
Expert:  Jamie-Law replied 1 year ago.

Its not a special order. If its standard you have 14 days to cancel.

Does that clarify?

Customer: replied 1 year ago.
I'm outside the 14 days but 14 days is not written on the contract nor in the letter. Only states the old 7 days
Expert:  Jamie-Law replied 1 year ago.

Its not valid. The 14 days does NOT start until they notify you of the 14 days.

Does that clarify?

Customer: replied 1 year ago.
thank you. A great relief!!
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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