Cancelled contract within 14d, now apparently in breach.

Captaincodpiece

jimmybob86 wrote: »

wealdroam, You haven't given that impression.

It just appears to me, after reading some of the input that I could potentially have lead myself into a none reversible contract with a catch I was oblivious to.

There was no intention to upset the business. From what I was told by the "salesman", I could cancel contract within 14 days if I wanted to. I can't afford it right now and if it means pleasing them, I will drive myself into heavy debt.

I just wanted to know if there is a way to speak to the business with some well prepared advice. I had no idea I was in any breach.

You've seen what you're up against. A company that won't accept a signed for letter. You need some proper advice, do you have any legal cover? Bank, home insurance or through work.

No doubt you've signed up with a well known group of scam artists and are best off out of it. Travellers don't employ salesmen and you'd probably get an equivalent job and guarantee from them.

Captaincodpiece

jimmybob86 wrote: »

The installation date is shown as "ASAP". But he said that this is standard because they need to do a finance check, and send a surveyor because any work can't be carried out until all the reports came back that I was able to take out finance and that the surveyor found nothing further that could affect the work/quote. A surveyor did call me about the 14/15th October IRC to arrange a visit but he said he would call me back a week later to confirm day and time visit.

I assumed this was standard procedure.

Salesman and surveyor, who's paying for them?

You and all on top of the cost of a drive. Get some proper legal advice about your cancellation letter.

jimmybob86

Captaincodpiece, I did some major research before even allowing them to visit. I have heard some very good reviews. But with the current state of economy I don't think they will let this slip. Especially with the money that is involved.

I have no doubt that the work that will be carried out to the highest standard. I have seen their work and was very pleased with it.

jimmybob86

Captaincodpiece wrote: »

Salesman and surveyor, who's paying for them?

You and all on top of the cost of a drive. Get some proper legal advice about your cancellation letter.

I am! That's how it works and I know it.

Seeing as they need to speak to me on Monday I will see what they have to say and hopefully can put it on hold until I can find out legal advice.

Captaincodpiece

jimmybob86 wrote: »

Captaincodpiece, I did some major research before even allowing them to visit. I have heard some very good reviews. But with the current state of economy I don't think they will let this slip. Especially with the money that is involved.

I have no doubt that the work that will be carried out to the highest standard. I have seen their work and was very pleased with it.

Sounds like they've had your pants down.

Work out the area of your drive and cost the block paving on wickes plus some sand and £300 in skips add £750 for a weeks labour and if you've paid more you've been done.

Sorry to be harsh but given the work you want done in this economy cash is king.

jimmybob86

Captaincodpiece wrote: »

Sounds like they've had your pants down.

Work out the area of your drive and cost the block paving on wickes plus some sand and £300 in skips add £750 for a weeks labour and if you've paid more you've been done.

Sorry to be harsh but given the work you want done in this economy cash is king.

Don't be sorry at all. I am all for the real world.

Before arrival I had a price in mind from quick estimates over the phone from businesses that were within 25m radius. Plus online guidance. They all mentioned the same figures, roughly the same but the best they could do.

When this company gave me this quote, I knew I was going to be up against this price. It was what I was prepared to pay in the new year.

The cost would have been to do as you say above comes to £3k. Quotes I was given over the phone were £6k. What I was prepared to pay was £6k. I was happy with that.... not £6k work and £6k on interest.

They well and truly have got me this time.

I am going to bed now and sleep over this discussion. I will report back if anyone has any questions or comments but I will most certainly be in touch from Monday.

Captaincodpiece

Six grand is a big drive, I know someone who paid that to park bus truck on.

JReacher1

Just get a £6k loan from a bank? Pay it off over 2/3 years and you won't be paying much interest. You can borrow £7k from hsbc at 3.9%.

shaun_from_Africa

ThumbRemote wrote: »

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?

The consumer contract reg's state that for a cancellation notice to be valid it only needs to be sent within the time allowed. Having proof of posting and proof that the business refused to accept delivery of the letter should be more than good enough should the matter ever get to court.

(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.
(6)In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation.

frugal_mike

I agree with Shaun. The regulations are quite clear that proof of delivery is not required, just proof of postage.