consumer contracts information canvellation

unholyangel

doggychops wrote: »

I am torn now, whether to actually consult a solicitor or not...any thoughts at all folks?

You could ask around and see if any will give you a free half hour consultation. But I wouldnt spend money on it.

Basically the ordinary position of the law is that where one party is in breach of the contract, they are liable for reasonable losses incurred by the other party as a result of the breach.

The clauses you mention above may be unfair but even if they are, that wouldn't necessarily void the entire contract - more than likely it would just void those terms.

Of course you could argue that their losses are inflated. If its just selected from available options and no custom measurements, theres every chance they could resell the bed - even perhaps offering it at a slightly lower price. Your father would be liable for the difference in cost but it would be a lot less than they are asking now. They have a statutory duty to mitigate their losses and there is no entitlement to any sum that could be reasonably saved - by finding another customer for example.

doggychops

Hi Unholyangel

Which party in this instance are you suggesting is in breach of contract?

I am a little confused...

Thanks

unholyangel

If you cancel without justification (such as having a legal right to cancel during a cooling off period or the trader breaching the contract), it is wrongful cancellation - a breach of contract.

doggychops

ah ok.

They state that the purchaser can cancel, without giving a reason, (excluding bespoke goods) within 14 days after delivery.

The bed has never been delivered although contact was made by them saying it was ready for delivery. We asked that it be put on hold as he had been hospitalised.

As his health has deteriorated, it is obvious he will not be returning home and will not need the bed. This information was given as soon as we knew his prognosis.

Is the contract not null and void considering they say that they provide a bespoke service when C.A.B clearly state that it is not bespoke?

unholyangel

Ah yes sorry, I had forgotten about that part. If its just selecting from options they offer, its not bespoke. So yes he should still be within time to cancel if he wants to - he'll need to send his cancellation by durable means (email, letter, fax etc) if he hasnt already.

doggychops

I aim to be sending a letter to them this coming week.

C.A.B have templates that they suggest I use.
He is unable to to do anything now as he is extremely unwell and only a matter of time before he leaves us sadly.

Thank you all again for your help

doggychops

I will be using a template that CAB suggested next week.
Unfortunately We don't think My father in law will be around too much longer. It is all about principle now.

Thank you for the help from everyone. Its genuinely appreciated

bod1467

Bear in mind, if he placed the order then he needs to cancel.

(So if you are sending the cancellation letter, make sure it is in his name).

doggychops

bod1467 wrote: »

Bear in mind, if he placed the order then he needs to cancel.

(So if you are sending the cancellation letter, make sure it is in his name).

How does that work if he dies?

If I composed it, it would be classed as fraud I assume?

wealdroam

doggychops wrote: »

How does that work if he dies?

His personal representative, usually the executor to his estate, takes over.

doggychops wrote: »

If I composed it, it would be classed as fraud I assume?

No, that is not fraud.