Removal companies and right to cancel??

aycle

Hi.

Last Thursday (5 working days ago) we booked a removal company The Removal Group, to move us abroad. However, today we had a better offer from another company. We emailed TRG to say we wished to cancel and they have now charged us a £1770 cancellation fee, without permission.

I understood that distance selling regulations give you 7 working days to cancel goods or services and as far as I can see, removal companies are not exempt from this.

TRG gave us a moving date of 16 or 17 September, not specifying which one. We paid a £50 deposit, which I don't expect to get back, however, we have been in telephone and email with a very rude man at TRG, first asking him about the possibility of cancelling and then sending an email to confirm cancellation. I said we were entitled to cancel as it's within 7 days, he said their T & C state a cancellation charge of 60% if you cancel 8 days or less. Clearly there is a conflict here, he stated their T & C overrides the 7 day rule and that removal companies were exampt.

I tried to stop the payment by cancelling my card prior to the email of cancellation but he had already taken the money from my bank, it transpired after.

Please can someone advise me on what is the case here.

Thanks in advance

gordikin

I think 'transport' is exempt from the DSR.

4743hudsonj

Sandoval wrote: »

That's gonna be a very expensive situation for the OP if you're correct...

Indeed....

6.—(1) Regulations 7 to 20 shall not apply to a contract which is a “timeshare agreement” within the meaning of the Timeshare Act 1992(1) and to which that Act applies.

(2) Regulations 7 to 19(1) shall not apply to—

(a)contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer’s residence or to his workplace by regular roundsmen; or

(b)contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

OP your Bu**ered......

I would however keep trying appealing to their better nature that you wernt fully aware of the charge (note: i dont see this as a get out card, i think your liable but it wont stop you trying) .

Source: The Consumer Protection (Distance Selling) Act 2000 - http://www.legislation.gov.uk/uksi/2000/2334/regulation/6/made

gordikin

Sandoval wrote: »

I think they're talking rubbish. By their logic I could start a company and write up a stack of terms and conditions that override the sale of goods act and anything else you'd care to mention.

That looks very silly now!

4743hudsonj

gordikin wrote: »

That looks very silly now!

I agree :rotfl:

smcaul

The removal company would have probably already incurred substantial costs, as you were moving abroad they would have had to book ferry crossings, which for HGV's are not cheap!!!!!

I hope you intend to pay up, you thought the quote was fair enough at the time, then went for a late, cheaper one, your choice, but you did contract the original company to do the work and so, hopefully are liable for the costs they have already incurred!!

Mankysteve

gordikin wrote: »

That looks very silly now!

Well the statement is correct and what the op was told was technically incorrect.

The op has no recourse not due there TC over riding DSR but DSR not applying to the service

vikingaero

I think the OP has been rather foolish.

The DSR's was intended to give protection to the consumer by allowing them to inspect physical goods and return them. It was not intended to be used as a lever for bargain hunting.

They made the agreement with TRG and cannot claim that the monies were taken without permission.

gordikin

Mankysteve wrote: »

Well the statement is correct and what the op was told was technically incorrect.

The op has no recourse not due there TC over riding DSR but DSR not applying to the service

Not applying to the service?...therefore silly/mistaken/irrelevant/not pertinent/unhelpful in regards to the OP?

pelirocco

Its normal and perfectly legal for removal companies to charge cancellation fees , it is written into their terms and conditions ,which you have agreed to when you sign and return the acceptence ( i assume you have done this ?) Its not charged because they may have incurred costs ,its more to do with the fact they may have turned down someone elses removal to do your job.

I thought their name seemed familier ,so checked,they arent actually a removal company , they get removal companies to quote ,they add their cut , then send the quote to you .........I doubt this changes the legalities of their claim ,but it would be interesting to know what the company they would have used would have charged :

a) for your original move
b) for cancelling

As an owner of a long established removal company I know we would never deal with them

cyberbob

Why did the OP not get quotes before booking a removal company. That's what normal people do.