Cancelled contract within 14d, now apparently in breach.

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shaun_from_Africa wrote: »

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.

Fair enough - my mistake.

wealdroam

shaun_from_Africa wrote: »

The consumer contract reg's state that for a cancellation notice to be valid it only needs to be sent within the time allowed.

As mentioned in post #4... it's good to have confirmation though.

unholyangel

If this is an off premises contract, I'm pretty sure the CCR's state that work cannot begin before the end of the cancellation period unless there is an express request made by the consumer in a durable medium.

Further to that, they would have also had to provide OP with their cancellation rights (including that they would lose their cancellation right by requesting the work begin early and that they would be liable to pay if they cancelled after the work has begun).

Even if one of these hasnt happened, they can't charge OP to cancel.

shaun_from_Africa

wealdroam wrote: »

As mentioned in post #4... it's good to have confirmation though.

Oops. I missed that post!

jimmybob86

Captaincodpiece, It is a big drive and I think I could get a mini bus on it.

Thanks JReacher1, As my circumstance have changed dramatically I am unable to take out a loan at this time. This is something I did consider but not things have changed beyond my control.

shaun from Africa, Thanks for the input. I think this is what I found online through searching the CAB. Thanks to wealdroam tough, this was confirmed.

frugal_mike, I have the receipt, a print out of the RM tracking page. Reason I sent it with tracking because I had a suspicion this would happen!

unholyangel, It was off premises and I was not aware of any cancellation rights waive. This was not mentioned and my partner was certain she did hear I was entitled to the 14 day cool off period.

jimmybob86

This is an update.

I had a call from the business on Monday and it would appear that my cancellation letter was not received within the 14 day cool off period time. Although letter was dated! Mess up from RM or business?

As mentioned, I had sent the letter within the 14 day cooling off period. I now need to send them proof of this so that they can carry out the relevant paper work on their side.

This is a consumer right and was confirmed by shaun from Africa and wealdroam.

Advice for anyone cancelling contracts within cool off period is to write the letter right away, keep a signed copy of the letter, receipt, and obviously for the extra peace of mind send it recorded.

Also, as Captaincodpiece mentioned... if in doubt, kick them out!

Do not sign/agree to anything if you are uncertain to save the hassle.