Urgent Advise Needed

crutch911

Hi everyone
I'm in urgent need of some advise, I can't afford to speak to a solicitor, so I'm hoping someone can help me on here!
My dilemma is I signed a contract for a personal contract hire for a vehicle. It stated on the contract the intial payment and then the monthly installments. I then cancelled the contract within 7 days. They are now taking me to court for £1336.50 which they say is the Agency Fee for cancelling. On the contract it states that I will not have the right to cancel the agency fee (£1336.50) under the Distance Selling Regulations. I looked at this and it states in the distance selling regulations that I do have the right to cancel the contract and the supply of services within seven days. Can they legaly demand the money or even take this to court?
Thanks for your advice.

chutzpadig

Did you sign the contract at the offices of the hiring company, or at home or over the internet? if you did not do it at the hirer's premises you are in with a chance.

The Consumer Protection (Distance Selling) Regulations 2000 came into force on 31 October 2000 and have been amended with effect from 6 April 2005 by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005. The Office of Fair Trading, Local Authority Trading Standards Services and other designated enforcers have powers to take enforcement action through the courts, in particular under the Enterprise Act 2002, against businesses that breach the DSRs and other specified consumer legislation.
So far as I am aware, the Hirer cannot legally exclude the Distance Selling Regulations except where the contract was made on their premises. If you did not sign at their offices, call in to your local Trading Standards Office (number in the phone book) or contact the Consumer Care Department at your local Council. They should guide you, but first tell the company that you object to paying this huge amount because you cancelled within a reasonab;e time and cannot be penalised to this extent.