removals late 'cancellation' fee - help please!!

worriedtenant

Hello,

i would be very grateful of some advice regarding a removals company who are insisting we pay a 60% cancellation fee (over £500) because we now cannot move on the original day we provisionally 'booked' of or next week. The firm in question is a reputable one with all required trade memberships.



we rang last week to enquire about availability, and the company confirmed they could move us next Tuesday. They said they could reserve this day, but in order to 'hold' it we needed to sign a form in an attached email. The email had 4 attachments, one of which was T&Cs. I must admit we did not read The T&cs in any great detail. The cancellation fee of 60% of the quote is mentioned on PAGE 4 and not highlighted. We duly signed the form, stressed because we needed to arrange removals ASAP. no payment was taken, but they said this would be needed by Friday. We made it clear we had not exchanged contracts and the day could change. They were fine with this.



at no point during this phone call, or any subsequent phone call, was a fee mentioned if we subsequently could not move on the specified day. I have spoken to the customer assistant a few times, each time I was nagged for payment, but each time I had to politely say we were yet to exchange and so I did not want to pay and confirm. Each time they were 'getting booked up' and threatened they could take another person's payment to secure the day ( incidentAlly i said i was fine with this, that this was fair, if someone else books, so be it - so at no point have we lost them any business)

By Friday we still had not exchanged, so I rang to say Tuesday was off. I spoke to the manager. No mention of a charge was made, and no offer of an alternative day to move was made or to wait until we exchange Before confirming. This must happen ALL THE TIME.



I would expect any removal company to have provisions in place to avoid lost business. But I would also expect them to understand moving is stressful and does not go according to plan, moreover I would expect them to want to keep your business for another day.



so, I was surprised to receive an email ( not gutsy enough to mention o n the phone) saying if Tuesday's move does not take place, we would be liable to a 60% cancellation fee, and they will send the invoice.

now I know we signed a form, and should have read the tT&cs, but we feel utterly duped for the following reasons:

1) they cannot claim they have lost business. And in the T&Cs it mentions this is the justification.

2) they told us we needed to 'sign the form' simply to hold the day, which we duly did because we were worried it would become booked. They made light of what should be taever very seriously by the client.

3) no mention was made verbally at any point that we sign our life away for a 60% fee, so they make hundreds whatever happens to your house acquisition. They had SEVERAL opportunities while on the phone to divulge this absurd 'cancellation' fee

4) it was not stressed that we were signing a contract

5) we have not actually at ANY point confirmed the move day or paid them. So therefore surely there's nothing to cancel?

6) such an important condition should surely be TOLD to the client over the phone? And should not be hidden on page FOUR of T&Cs where it is easily missed? This could fool anybody, old or vulnerable.

7) ultimately, these people have my signature agreeing to their terms, so I feel like they have me over a barrel, BUT seen as I have in no way stopped them from accepting business elsewhere, over 500quid seems preposterous.

if anyone has any legal, or other, advice on this matter it would be gratefully received, as we still have no removal booked and yet these people want £540 of our money for nothing. We cannot afford this.

I would be interested to know how easily they can enforce this, surely terms and conditions such as these should be explicit in order to be legal? If/ when we get the invoice, what should we do?



Thank you

A

Trixsie1989

Seek advice from citizens advice. Take the form and let them deal with it to save on more stress.ive dealt with companies like this and managed to get the fees written off. Good luck sxx

Errata

now I know we signed a form, and should have read the tT&cs, but we feel utterly duped

You've been duped by yourself by not reading and understanding what you were signing; that's hardly the removal company's fault.

Buzby

You cannot expect a reputable company to earmark a vehicle and staff to facilitate your removal on the off-chance you might actually be able to! YOU stated the date and made the commitment - it would be unreasonable to assume you could change without penalty, especially if they had refused work on that day to facilitate your move.

Not realising you had agreed a contract is also naive in the extreme - even if it was verbal (which this wasn't) you would still have obligations. Cancellation terms of 'page 4' would be about right - the preceding would relate to the majority of their responsibilities of jobs that are not summarily cancelled by the customer.

The sensible way is to accept your responsibilities, and agree a discount for the revised date as I doubt they would want to appear unreasonable - turn it to your advantage.

worriedtenant

Buzby wrote: »

You cannot expect a reputable company to earmark a vehicle and staff to facilitate your removal on the off-chance you might actually be able to! YOU stated the date and made the commitment - it would be unreasonable to assume you could change without penalty, especially if they had refused work on that day to facilitate your move.


This is the point I am trying to make though - they did NOT refuse other work - they made it clear that other people could book as we had not yet paid, and I made it clear that if another customer came along and could confirm the day it was only fair they book it and we lose the day.

So, they cannot claim they have lost business. I completely agree with most of what you say, and my own fault regarding the terms, but this must happen so often, and the 'penalty' seems huge considering

_Andy_

Fail to see how the removal company are at fault at all.

G_M

You asked them tobook the date. They (may well have) turned down other bookings for that day. You cancelled. They are out of pocket.

Morally, you owe them.

You agreed their T&Cs, which include a cancellation fee. You cancelled.

Legally, you owe them.

Why book removals before you Exchange? Mad!

If you plead piteously, and re-book for another date,they may let you off....

Don't forget to tip generously if they do!

tinkerbell28

They CAN claim they have lost business. They cannot give your date out, once you signed the contract. Otherwise, you rock up, needing your removals and they have given them away. You could sue.

I'll post my response from the other thread.

tinkerbell28 wrote: »

Well you admit it, you signed to contract and did not read it.

This is a normal contract for removals. Removals is quite an expensive business, you found out they had availability 2 weeks before you needed it and signed the form, so the slot would not be lost. There is a reason they get you to sign forms.

I imagine they were getting jittery for payment as they would have had lost the day/team/lorry as once you signed that contract, they can't just give your day away without being in breach of contract. I move a lot so know how they work.

So reading your dates, you can correct me if I'm wrong. You booked roughly 2 weeks before? Had not exchanged on the Friday, so gave them one whole working days notice that the removals for Tuesday were off?

I'm pretty sure they could argue they lost business. They don't have anytime to fill the space really. They can't charge a penalty, but they may well be able to sue for breach of contract.

StuC75

Why did you make the reservation without ensure exchange had taken place? Only confirm such a booking once exchange has occurred.

worriedtenant

tinkerbell28 wrote: »

They CAN claim they have lost business. They cannot give your date out, once you signed the contract. Otherwise, you rock up, needing your removals and they have given them away. You could sue.

I'll post my response from the other thread.

So why, if they cannot give my date out after I'd signed, did they repeatedly say over the phone that other people were enquiring about that day, and that they could book and pay and I could lose it?

its one, or its the other. If they were turning those people away, I would understand and accept they have promised to provide a service on a given day. I had not confirmed. I had not paid. As I cannot move on tuesday, it is a safe assumption I may need their services on another day, which I do (or would have done if they had not sent such a threatening email).

spacey2012

Where did you sign the contract ? on the first page, on the last page or on EACH page.