Cancellation rights 14 days - what constitutes commencement of a service?

unholyangel

brixtonia said:

unholyangel said:

brixtonia said:

unholyangel said:

Fosterdog said:

brixtonia said:

Their T&Cs require 2 working days notice - which had already expired upon booking (as I discovered after booking). Nevertheless, their T&Cs are secondary to statutory rights of cancellation provided for in the CCR. Their T&Cs don't define commencement, but I don't think their definition would not necessarily apply to the CCR anyway.

It's not quite as simple as statutory rights negating their T&Cs, that is only the case if their T&Cs try to remove your rights. There are provisions within CCRs for shorter terms for cancellation rights if the service is due to commence earlier than the 14 day usual right to cancel. That is why the exact wording of their T&Cs is important. If they haven't followed legislation and provided the correct information then you are in the right and due a full refund, if they have followed legislation and provided the correct information then you might not have the right to cancel without incurring costs.

There isn't provision for a shorter cancellation as such. What the ccr say is that a trader must not begin providing the service within the cancellation period unless the consumer expressly requests it.

But they still need to inform the consumer of their statutory right to cancel and that the right will be lost if they request provision begin before the end of the cancellation period. If they havent, they can't make any deduction from the refund even if they have started providing the service. 

There is no doubt that I asked them to perform the service within the 14 days period.  I did not see any T&Cs before purchase - the emailed receipt advised that I could read T&Cs on their website (no link). The T&Cs mention a 48hr notice period for cancellation but there is no mention of losing any statutory right to cancel.

Also, doesn't that clause only apply once the service has been fully performed?

(2) In the case of a service other than supply of water, gas, electricity or district heating, the consumer ceases to have the right to cancel a service contract under regulation 29(1) if the service has been fully performed, and performance of the service began—
(a)after a request by the consumer in accordance with paragraph (1), and
(b)with the acknowledgement that the consumer would lose that right once the contract had been fully performed by the trader.

In this case, no one has even been to my address - let alone carried out any service there.

I have to admit I find the legislation quite confusing.

If they had given you the right information in a durable medium before you were bound by the contract (websites aren't durable, even if they had included it on there) and you cancelled after expressly requesting the service begin early, you would be able to cancel but would be liable for the cost of what was provided as a proportion to the whole contract price. Once the service has been fully performed, you wouldn't be able to cancel. 

However, as they didn't provide the required information in the required format, they can't charge you a penny. 

Of course getting them to agree may not be straightforward. Chargeback wouldn't work for this but s75 would. So, did you pay by credit card?

Thanks.
Firstly - yes I paid by CC. 
Secondly - regarding proportion of what was provided, can they charge anything when no one attended the address? When I spoke with them they said they were running late and would be with me in half an hour or so. They deducted about 35% of the full price.

They didn't provide the required information about cancelling. Therefore everything else is irrelevant, they can't charge you. 

Open a section 75 claim with your card company. Although be prepared to explain the above.

brixtonia

Thanks. Most helpful.

Out of interest, do you think that any travel to site would count as commencement of the job for the purpose of this act? 

unholyangel

brixtonia said:

Thanks. Most helpful.

Out of interest, do you think that any travel to site would count as commencement of the job for the purpose of this act? 

No. The service was carpet cleaning. It was something they would do/a cost they would incur in order to begin provision rather than it being provision of the service itself. 

Just the same way that someone driving to their workplace is not them providing services to their employer.