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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have cancelled a contract signed 22nd June 2016 by

Resolved Question:

I have cancelled a contract signed 22nd June 2016 by telephone with the trader. They have failed to record this, and asked for payment over a year later (12th September 2017), applying late payment fees and employing a credit control company to chase for payment. As I am not able to prove that I had this conversation with the trader, although they agreed to cancel and indeed confirmed that the £250 deposit I paid would be returned, thereby indicating clearly that they understood my request, I am not able to prove it. Do I have to pay?
Submitted: 2 months ago.
Category: Law
Expert:  Joshua replied 2 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I confirm if this was a contract as a consumer you entered into or a business?
  2. What kind of contract was it?
  3. Where was it agreed? - i.e. in your home, telephone, their shop/office?
Customer: replied 2 months ago.
Hi Joshua,Thank you for your reply. This was a contract that I entered into as a consumer. I have attached scanned copies. It was a contract for supply of goods and services, namely installation of double glazing. It was agreed under duress in my home, by an unsolicited salesman who refused to leave until I had signed his contract and paid a deposit. At the time I was home very unwell and had requested that he not come in, but was not able to stand at the door and refuse him entry. Unfortunately I have no proof of this except that Trustpilot lists several other instances of the same practice from this company.
Expert:  Joshua replied 2 months ago.

Thank you. Did they in fact return the deposit following your request to cancel?

Customer: replied 2 months ago.
They did not, despite my requesting it several times over a period of several months following my initial request. I had visits from a second sales representative, trying to convince me to continue with the contract (months after having cancelled). After leaving a feedback response on their businesses Facebook page, I had messages from a supposed employee of theirs through Facebook promising to 'sort it out' and then again, trying to convince me to continue with the contract and not cancel. I suffer from anxiety, for which I have previously been referred for counselling by my GP. I found this level of harassment too without actually progressing my request too much so at this point I asked them to not visit me any more as it was causing me undue stress. I received no further contact nor the return of my deposit until 12th September 2017, when they demanded £1743.50, now reduced to £367.25, with the addition of a late payment fee.
Expert:  Joshua replied 2 months ago.

Thank you. Finally from what you say they have made no attempt to carry out a survey for installation I assume?

Customer: replied 2 months ago.
23rd June 2016 I received a phone call requesting a time to make a survey, and I informed them I was cancelling the contract and didn't need a survey. I called up to office number on the front of the contract to cancel that same day. 14th July I received a letter requesting a survey, and saying to ignore the letter if this was already agreed, so I ignored the letter. Their letters are attached. These are the only communications I have received from them.
Expert:  Joshua replied 2 months ago.

Thank you. This situation is difficult. Although you had a right to cancel the agreement within 14 days (and you did from what you say) you cannot evidence that you did and of course the company will deny it. The Consumer Contracts Regulations which give you a right to cancel within 14 days provide that where you cancel it is for you to show that you did cancel. Your word that you did could well not be sufficient on its own however credible you are as a witness in this respect.

It would clearly be helpful if you could find that you did in fact given them a written notice of you wish to cancel. For example if you found that you did in fact complete the small notice of cancellation on the back of the order form and send it back to them. If you cannot find that you did then you may have some difficulty in these circumstances.

I was hoping you might tell me that they had not contacted you since you signed the agreement and on that basis you could claim that they were in breach of contract for not performing the service in a reasonable time but I see that they did contact you to carry out a survey so this is not possible either.

If you cannot find that you did in fact cancel in writing then the only approach I can see you have open to you is to advise them (in writing that they are in breach of the Consumer Protection from Unfair Trading (Amendment) Regulations 2013 by virtue of their aggresive sales tactics which is a prohibited practice under the Consumer Protection from

Unfair Trading Regulations 2008 and as such you reserve your right to claim damages under regulatio 27J of the Consumer Protection from Unfair Trading (Amendment)

Regulations 2013. You will need to be specific about precisely what the salesmand did and said and if it is the case that you have medical evidence from your GP in respedct of the counseeling and anxiety that you suffer from and which the actions of the salesman exacerbated. You can consider advising that if they continue to pursue you for a contract which you cancelled within the period you had a right to cancel under you will make a counter claim for damages for alarm, distress, physical discomfort or inconvenience and financial loss which you would not have otherwise incurred but for the aggressive sales tactics under this regulation.

My hope would be that given the amount involved your above threat will be sufficient to make them consider whether they wish to back off. If not and they do pursue you in the county court you can consider a counterclaim under the above regulations.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Expert:  Joshua replied 2 months ago.

I'm just following up on our above conversation. I hope the above was of some assistance. Please let me know if you have any further queries. If you have a moment I should be very grateful if you would kindly take a moment to click a rating to rate my service or alternatively just provide some brief feedback so I know if I was able to help. I'd be most grateful. All the best

Joshua and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you Joshua, that's great. I've sent them the below, and am nervous that they're going to demand even more money, but I feel I can't let them get away with doing business in this way.Hi Rani,The logical assumption from your reply is that no proof exists of DG Solutions having attempted to contact me since July 2016 and ever informing me that there was a need for further payment. Whilst I have not provided proof that I cancelled, I know it to be the case, and had no reason to expect that more money would be requested. They have not done so because I had informed them that I was cancelling.As I understand it, the payment you are requesting is £208.75. I do not have this amount to pay before 25th September.I advise DG Solutions that they are in breach of the Consumer Protection from Unfair Trading (Amendment) Regulations 2013 by virtue of their aggressive sales tactics which is a prohibited practice under the Consumer Protection from Unfair Trading Regulations 2008. As such I reserve my right to claim damages under regulation 27J of the Consumer Protection from Unfair Trading (Amendment) Regulations 2013.The person who sold me the service acted aggressively. He entered my house without my invitation having been advised that I was at the time too ill to consider a financial contract. He then refused to leave my house for a period longer than an hour unless I had signed the contract and paid a £250 deposit for work I did not want. He completed the contract details based purely on the existing porch and window in my property, at no request from myself. He pressured me into paying the deposit by telling me that he had discounted the rate to a point where he would be in trouble if I didn't pay. I have a pre-existing condition of anxiety for which I have been referred for counselling from my GP. The actions of the salesman exacerbated this, and he continued to pressure me into signing the contract whilst in tears and clearly distressed.If DG Solutions continue to pursue me for a contract which I cancelled within the period I had a right to cancel under I will make a counter claim for damages for alarm, distress, physical discomfort or inconvenience and financial loss which I would not have otherwise incurred but for the aggressive sales tactics under this regulation.Alternatively, they can consider the matter closed with the retention of my £250 deposit and the promise that I receive no further communication, including unsolicited sales calls, from them or their associated companies.