Local trader not accepted cancellation of contract

taekwondorichie

Hi all,

I really need some advice!
I ordered a kitchen off local trader and paid £1600 deposit.
I then changed my mind and doing the right thing went back to showroom 3 days later and expained situ followed by producing the signed cancellation form.
However the guy wouldn't take it, saying not needed it was no problem.
Now after 8 days owner of company is saying I didn't given them written notice within cancellation time so he'll keep deposit.
Where do I stand on this? I tried to hand in cancellation but he didn't take it...
Also contract says 7 days but is it reasonable to think this is 7 working days or 7 calendar days?

thanks for any advice.

arcon5

If you breach your contract, they can detain provable losses only.

https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192

No more, no less. They should reimburse most of this!

Be persistent, don't take any of their nonsense.

Although you say you cancelled within the 7 days, did you get any kind of written confirmation?

browneyedbazzi

Did you agree the contract at your home or at the showroom?

The legal requirement for traders to give a 7 day cancellation period only applies to contracts that are concluded away from the trader's business premises. If they fail to abide by the regulations then they commit criminal offences and trading standards can take action - if they have given you a 7 day cancellation period but the contract was concluded at their business premises then it's a civil dispute and needs to be addressed in a different way.

arcon5

If op signed a credit agreement then the cooling off period applied irrespective of location.

taekwondorichie

Thanks Arcon5, thats very useful. Unfortunately I didn't get written confirmation obviously naive and trusting them but it won't happen again!)
However I did send a recorded delivery letter discussing the matter within 7 working days, and contract didn't stipulate 7 calendar days - I wasn't to know which one...
I have unofficial info such as emails and phone records (after 7 calendar days) asking for refund; proof I went with another company the day after I cancelled etc. (I mean why would I go ahead with another kitchen fitter if I hadn't cancelled the first...?)

oh well you live and learn ;-)

MamaMoo_2

I believe if it wasn't stated that they were 7 calendar days, and you assumed 7 working days, then you are correct.
Ambiguity in a contract favours the party that didn't write it.

mo786uk

MamaMoo wrote: »

I believe if it wasn't stated that they were 7 calendar days, and you assumed 7 working days, then you are correct.
Ambiguity in a contract favours the party that didn't write it.

Not sure I agree with that - legislation usually poitns out 7 working days if it is 7 WORKING days - exampel is distance selling

if it says 'seven days' then I would class that as 7 calendar days

obviously legislation and normal contracts are differrent but I dunno how you can infer 7 working days if it is not written down that way.

with rgeards to credi t agreements - cancellation only applies to the credit and not the contract for the services - if you agreed the contract instore.

arcon5

taekwondorichie wrote: »

Thanks Arcon5, thats very useful. Unfortunately I didn't get written confirmation obviously naive and trusting them but it won't happen again!)
However I did send a recorded delivery letter discussing the matter within 7 working days, and contract didn't stipulate 7 calendar days - I wasn't to know which one...
I have unofficial info such as emails and phone records (after 7 calendar days) asking for refund; proof I went with another company the day after I cancelled etc. (I mean why would I go ahead with another kitchen fitter if I hadn't cancelled the first...?)

oh well you live and learn ;-)

So all hope is not lost yet with the letter.
Did it explicitly state you wish to cancel? As discussing the prospect of cancelling would be irrelevant.
If so, do you have the proof of delivery?

If not, then your only option is to breach the contract and loose 'provable losses' which may include an admin fee. Although at such an early stage I personally wouldn't expect this to exceed £100 - some may even argue this is a little excessive.

However getting them to part with your cash may be more difficult. How did you pay the amount?
Maybe write them a letter reminding them they can retain provable losses and anything further would be deemed a penalty and unlawful. Continue to ask for them to make provisions to return the balance within reasonable time, 28 days.

But cancelling in writing is a condition of cancelling, but i'm sure you won't make this mistake again. They sound very cunning indeed!

arcon5

Actually, isn't the cooling of period for credit agreements 14 days?

If so, I would be firing off a letter via special delivery cancelling straight away! So you have proof of cancellation. Or take a letter in yourself and make sure they sign your copy before you leave.

taekwondorichie

I wrote wrt the "Cancellation of Contracts made in a consumer's home or place of work etc regulations 2008"
I mentioned that after a different quote I decided to cancel their contract and attended their showroom providing cancellation form, which was accepted by staff but they say was not retained. i.e. I left with it. I also mentioned I'd attempted to contact company on numerous occasions including email and telephone (leaving voicemail) - to discuss return of deposit due to cancellation.

Does this count as confirmation of cancellation - you've got me thinking!

I'm going to meet them today taking a witness and have read up on O.F.T Guidance for unfair terms and note your points about retaining only provable losses. We'll see how it goes.

thanks for all the help

arcon5

taekwondorichie wrote: »

I wrote wrt the "Cancellation of Contracts made in a consumer's home or place of work etc regulations 2008"
I mentioned that after a different quote I decided to cancel their contract and attended their showroom providing cancellation form, which was accepted by staff but they say was not retained. i.e. I left with it. I also mentioned I'd attempted to contact company on numerous occasions including email and telephone (leaving voicemail) - to discuss return of deposit due to cancellation.

Does this count as confirmation of cancellation - you've got me thinking!

I'm going to meet them today taking a witness and have read up on O.F.T Guidance for unfair terms and note your points about retaining only provable losses. We'll see how it goes.

thanks for all the help

The law was updated in February this year (I believe) which covers their place of business and distance contracts.

Unfortunately if you have no proof of the cancellation, not much you can do about it -- they clearly know this.
The cancellation needs to be in tangible form so an email would be sufficient -- if you emailed them also to cancel take copy of the emails which may act as your prove.

What term are you deeming unfair? I don't think you will have a case here tbh.

If your still within 14 days you may still have time though...........