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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70214
Experience:  Qualified Solicitor
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We have a verbal agreement made over the phone on Thursday

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We have a verbal agreement made over the phone on Thursday 10 Sep: for garden work we now believe that they are not very good so can we cancel within a 14 days period. No monies has been paid.
JA: Where are you? It matters because laws vary by location.
Customer: Brantham Suffo;k
JA: What steps have you taken so far?
Customer: We have requested from them a written quotation on official headed paper listing work and materials to be used as cost is quite significant.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Quotation not yet received.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Were you issued with any terms and conditions of service? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 3 days ago.
We were not issued with any T&C

Thank you very much for clarifying. A consumer’s rights in this situation are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In case you want to refer to them directly, they can be found here:

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

Amongst others, these Regulations apply to contracts entered at a distance (e.g. online or over the phone).

In terms of cancellation rights, these are as follows:

· Contracts entered off the trader’s premises or at a distance – 14 days after the day the contract was entered into (for services)

All of the above contracts require the trader to issue the consumer with specific pre-contractual information (unless it is a contract entered off the trader’s premises for a value of less than £42). Details of the required information can be found here:

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

If this information is not provided, the consumer’s right to cancel, as detailed above, can be extended by up to 12 months. This means that even if you have gone past the initial 14 days to cancel, you can still cancel within 12 months of the contract starting simply because they had failed to give you the required information at the time.

If you wish to get a template cancellation form you can use the one provided in the Regulations: http://www.legislation.gov.uk/uksi/2013/3134/images/uksi_20133134_en_003

As you are still within the initial 14 days you can still cancel now without any repercussions, especially as the services have not yet started.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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