Can this person get a (partial) refund on this?

greyville

ahxcjb wrote: »

No reference was made to the MIL being put under any pressure on the phone. It's very easy to just hang up on someone if you feel remotely pressured.

However, one thing i would like answered. If the letter was sent on the 9th day, what class was it sent? If 1st, that's an expectation that it would arrive within 2 business days. That takes us up to 11 days when written service was delivered that you wished to exert your right to cancel under the DSA.

If I was the OP, i would send a "final notice before action" to the company citing the reason above, then be prepared to sue them (use money claim online - costs £25) to recover the money. I doubt the firm would contest the court action and thus either have judgement awarded by default or they would refund your money before it got before a county court judge.

That is extremely good advice. Thank you.

ahxcjb

Just a quick update. Upon checking the Distance Selling Act, a letter is deemed served the day it is posted. Did your MIL get proof of posting?

http://www.legislation.gov.uk/uksi/2000/2334/regulation/10/made
(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer—

(b)sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);

Concerning your right to cancel under the DSA, it appears you have a case, IF the company did not write to you with information required, as detailed in Section 8 - http://www.legislation.gov.uk/uksi/2000/2334/regulation/8/made, then your cancellation period "ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the contract is concluded". This is WELL within 9 days.

http://www.legislation.gov.uk/uksi/2000/2334/regulation/12/made

Cancellation period in the case of contracts for the supply of services

12.—(1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of services begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (4).

(2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

(3) Where a supplier who has not complied with regulation 8 on or before the day on which the contract is concluded provides to the consumer the information referred to in regulation 8(2) and (3), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the contract is concluded.

If you need help with the wording of your letter to the company, let me know.