Cancelled contract within 14d, now apparently in breach.

jimmybob86

Dear all,

I am new and have never needed to register as I have otherwise been well informed with current posts for years. However, On this occasion I am need of some help please.

On the 7th October 2014 I was visited by a local business salesman which was arranged over the phone. I clearly told the salesman on arrival that I was not going to go into any business today. Any who after he did quote me with a reasonable offer, with the words that if I took business today I had a 14 day cool off period anyway.

He introduced me to a finance option to 0.59% Interest of the balance. I signed agree'd to the work and a 10 year finance agreement.

Fast forward a few nights, I took a thought over the finance and realised that I would be paying roughly £500 per year on interest to which he did not notify me on. He gave me rough figures over 24m and 48m but not 10y.

After working it out with my bank, I decided that I can't afford it and cancelled the contract by sending them a letter to the office address on the 16th October 2014. On the 17th October 2014 the letter arrived to their address and did not accept it (Returned to holding office). It is to this date still in holding office. On the 20th October 2014 I sent a letter to the finance company who received the letter and confirmed in writing that the finance has been cancelled.

Today..31st October I receive several phone calls while at work. Both private and some from the business office and someone left a voicemail.

The voicemail states he was a representative to the company and that I needed to contact the business office ASAP due to breach of contract and need respond before end of working hours Monday before they take legal action.

My question is, how am I in breach of contract when 1. I sent them a letter to cancel the contract within the 14 day cooling off period (Assuming that RM did not update the tracking record). 2. Sent a letter to their finance company to (a) cancel finance and (b) cancel contract.

I have spent some time reading up online about contracts, cooling off periods and I believe to be in the right. I therefore don't understand why I am in breach of contract. I have cancelled about half a dozen contracts within 14 day cool off periods over the last few years and never had a problem.

Thanks for taking the time to read. Can someone please help me?

ThumbRemote

You're presumably in breach of contract because you never notified them of your desire to cancel.

Had you just sent the letter normal post with proof of posting, then it would be assumed to be delivered. Instead you have proof it wasn't delivered.

What does the paperwork say about how you should cancel?

Captaincodpiece

Told them he wasn't doing business but signed up all the same.

You have to love these people "I only signed to get rid of them". What happened to there's the door now !!!! off?

wealdroam

Didn't I read recently that the new CCRs state that the cancellation letter only has to be sent within the 14 days, not necessarily received by the seller in that time?

Yes... here it is...

Paragraph 5 in Regulation 32:

Exercise of the right to withdraw or cancel

32. (5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

Not sure if that is 'modified' if the seller refuses delivery of the cancellation letter.

jimmybob86

Hello ThumbRemote,

Thr letter was a template from CAB. I basically copied it and edited with the following:

"Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I recently entered into a contract to buy the following service:

XXXXXX

Under the above Regulations, I would like to cancel the contract. This is due to personal unforeseen circumstances."

I have proof of postage receipt with tracking number. The online tracking shows it's still in holding. But I think it's just not been updated because why would they call me so late.

I followed the procedure that I know of. But after sending the letter I discovered at the back of the contract carbon copy that there was Conditions of Contract. It states I must cancel the contract in writing within 7 days. But the salesman told me I had 14 days. Otherwise I followed their procedure correctly as per in writing.

jimmybob86

Captaincodpiece wrote: »

Told them he wasn't doing business but signed up all the same.

You have to love these people "I only signed to get rid of them". What happened to there's the door now !!!! off?

I was aiming to pay up to a certain amount, the quote they gave me was pretty much what I had in mind. I wanted the work genuinely but I didn't realise that the finance would fleece me so much.

Nearly all the money was in the pot to do the work. Just I thought I could wait until April when I wanted it done. It was a 12m no obligation quote too. I did tell the salesman this but he reduced the price to get the contract that day.

jimmybob86

wealdroam wrote: »

Didn't I read recently that the new CCRs state that the cancellation letter only has to be sent within the 14 days, not necessarily received by the seller in that time?

Yes... here it is...

Paragraph 5 in **LINK REMOVED**:

Not sure if that is 'modified' if the seller refuses delivery of the cancellation letter.

Yes I found this too... but I still don't get why I am in breach of contract. I thought I followed the correct procedure.

wealdroam

Ah... a service.

Did you agree that the service could be started immediately?

If so then any cancellation rights disappear as soon as provision of the service starts.

Captaincodpiece

jimmybob86 wrote: »

I was aiming to pay up to a certain amount, the quote they gave me was pretty much what I had in mind. I wanted the work genuinely but I didn't realise that the finance would fleece me so much.

Nearly all the money was in the pot to do the work. Just I thought I could wait until April when I wanted it done. It was a 12m no obligation quote too. I did tell the salesman this but he reduced the price to get the contract that day.

Tuck you up good and proper.

Why don't poeple think it through do the maths before they sign.

jimmybob86

wealdroam wrote: »

Ah... a service.

Did you agree that the service could be started immediately?

If so then any cancellation rights disappear as soon as provision of the service starts.

No I didn't agree to start work immediately. I was told about it, but I said no. The 14 day cancellation was made very clear to me as he prepared the contract and as I signed it.

jimmybob86

Captaincodpiece wrote: »

Tuck you up good and proper.

Why don't poeple think it through do the maths before they sign.

I was doing the math with my partner. I thought I was getting a good deal. But you are right, I should have said no and thought it through.