Cancelling a conservatory contract

hulahula

Help,
We had someone from Weatherseal come out to give us a quote for a conservatory. By 11.00 at night he was still badgering us to sign the form and write a cheque for £100. I asked if there was a cooling off period as I just wanted rid of him and he told me that there was. The next day I phoned them up but we were obviously not yet on their system, I then sent the cancellation documentation via special delivery which arrived the next day. I recieved a phone call tonight over a week later, basically telling me that I couldn't change my mind and the only thing that I had cancelled was a finance agreement. I have checked with my bank and they have cashed the cheque also. Where do I stand?

pinkshoes

Contact your local trading standards, and tell them of their bullying and harassment techniques to get you to sign. 11pm?!?! That's utterly ridiculous. When did he arrive?? Don't forget to mention you send a written (and recorded) cancellation.

I would also speak to CAB about this.

hulahula

Thank you. I have just tried to ring them this morning but none of the numbers give a dialing tone. I am really worried now.

savemoney

Yes you do have a cooling off period

Ring consumer direct

http://www.consumerdirect.gov.uk/

hulahula

I have just recieved a phonecall from the manager stating that I am still liable and that if I try going through a solicitor it will be costly and there will be long delays.

Blackpool_Saver

This makes me so angry, I hope this individual gets what's coming to him I would have called the cops to get rid.

Tozer

hulahula wrote: »

I have just recieved a phonecall from the manager stating that I am still liable and that if I try going through a solicitor it will be costly and there will be long delays.

You are not liable and can obtain a refund of the deposit already paid.

Do you have legal expenses insurance attached to your home insurance?

savemoney

Send a strong worded letter asking for money back or else go to small claims court you dont need a solicitor and it wont costs much they arent out of pocket because you give them adequate notice and you were pressured.

Keep it short and to the point telling them you notified them by letter and you have proof of posting etc and if they dont pay with 14 days you will issue proceeding at the small claims court

The_Pedant

Under consumer regulation, for many contracts signed in the home you ARE given a 7 day colling off period.

The reulations you want to be looking into are (link to legislation) The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008.

Under section 2 of those regulations, you are granted a 7 day period to cancel:-
“cancellation period” means the period of 7 days starting with the date of receipt by the consumer of a notice of the right to cancel;

Note, that if you have explicityly agreed for the work to go ahead, then you can still cancel but can be charged for any services etc already provided.

Section 5 : Scope of regulations
5. These Regulations apply to a contract, including a consumer credit agreement, between a consumer and a trader which is for the supply of goods or services to the consumer by a trader and which is made—
- (a)
during a visit by the trader to the consumer’s home or place of work, or to the home of another individual;
- (b)
during an excursion organised by the trader away from his business premises; or
- (c)
after an offer made by the consumer during such a visit or excursion.

You simply need to give a writen, dated confirmation of your intent to cancel within the 7 day cancellation period, and to have the confirmation delivered to their address, or delivered to the company, or clerk of the company etc.

It is worth pointing out to them that under section 17 of those regulations, it is actually an offence to not to give notice to the consumer's ability to cancel.

Have a look at the link above for more details (it's one of the more straightforward pieces of legislation to read, I must admit). There's some useful information on what information to provide & who you can deliver the notice to etc.

Many companies had a rush when this legislation came into force, as they had to ensure the cancellation clauses were present in the contracts being signed.

hulahula

We have just recieved another phone call tonight insisting that we have to pay 75% of the amount. thats £15,000. We told him that we couldn't do that so he has now told us he is taken legal action against US tomorrow. I am feeling so sick.

savemoney

Let them they cant do begger all, they changed the law some years back when it only applied to cold callers rather than those who were invited in

Are you dealing with head office here or some moron who thinks they own the place?