Removal Company Cancellation Fee without consent

peds2002

Hi, I'm after some advice. We were set to move on the 3rd August and my wife filled in a quote form online and we received a quote for the removal company to move us. We had a provisional completion date for the 3rd to move homes but this wasn't confirmed at the time of the quotes. We spoke to the removal company and informed them that we are still waiting of a official completion date before we make any formal agreement. The removal company then rang on the 2nd August asking us about arrangements for the move at which they were told we no longer needed them as we still don't have an agreed completion date. They are now asking for 30% of the removal cost as it states in there T&C's that 2 days notice must be given. At no point have we seen or agreed to contract terms as it was just a provisional date. Also the quote was requested by my wife and he never agreed anything with her via email or phone. He spoke to me on the phone and I told them we was looking to move on the 3rd and would let them know the official date once it was confirmed. He is now trying to pursue us for the 30% fee.

there T&C's below.

Once you have accepted a quotation from UK Home Removals , you are agreeing to all of the terms and conditions listed below:

• Where the customer has themselves undertaken the packaging of their own possessions ready for removal:
• We would advise you the customer, that the responsibility is solely upon you the customer to ensure that all personal belongings and
  effects are packaged in a safe and secure manner ready for transit a,
• UK Home Removals cannot be responsible or liable for damage in situations where the customer has undertaken their own packaging.
• Prior to removals work commencing parking must be arranged by you the customer at both addresses

• Any parking fines incurred as a result of removals work will be charged to the customer on the final bill.
  3. Cancellation Fees for Confirmed Bookings: Should our services be cancelled 2 days prior to the arranged removal date a 30% charge will apply. This is increased to a 50% charge if cancellation is given within 24 hours prior to planned removals work.
• If the customer believes any items have been damaged in transit by UK Home Removals , they need to point this out while UK Home Removals staff are still on the customer premises during the removals work or upon completion so that we can personally identify the damage in question and take the appropriate course of action, which could a partial refund or in some cases an insurance claim (excess of £250 applies to all insurance claims) Our Right to Hold the Goods (lien)
• We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.

pinkshoes

Surely as you are still waiting to complete then you still need them, and as per your original contract you do not have a completion and removal date yet?

(so no cancellation, just still awaiting an official removal date)

peds2002

pinkshoes said:

Surely as you are still waiting to complete then you still need them, and as per your original contract you do not have a completion and removal date yet?

(so no cancellation, just still awaiting an official removal date)

we emailled to say we no longer require his services. We never signed an official agreement in the first instance so no written or verbal contract was agreed. They are trying to get us to pay a fee for cancelling but can't see what grounds he has to charge us. We have asked for proof of this but still waiting for there response.

Sandtree

peds2002 said:
I told them we was looking to move on the 3rd and would let them know the official date once it was confirmed

Playing devils advocate, that sounds pretty much like you had accepted their quote.

Have you decided that this is the company you are using or were you still considering other options? 
When it became clear it wasn't going to be the 3rd why didn't you advise them?

This very easily could have become the reserve story where you complain that they didn't turn up on the 3rd with them saying it was because you never came back to confirm but you say that you'd told them its the 3rd unless you inform them otherwise.

the_lunatic_is_in_my_head

When did you receive the quote and accept it? 

Are those the only terms given? 

pinkshoes

peds2002 said:

pinkshoes said:

Surely as you are still waiting to complete then you still need them, and as per your original contract you do not have a completion and removal date yet?

(so no cancellation, just still awaiting an official removal date)

we emailled to say we no longer require his services. We never signed an official agreement in the first instance so no written or verbal contract was agreed. They are trying to get us to pay a fee for cancelling but can't see what grounds he has to charge us. We have asked for proof of this but still waiting for there response.

Cancelling is not the same as awaiting a moving date.

You agreed a quote with them and thus a contract was formed. You are now cancelling. But... what muddies the water is that you did not officially give a moving date and made it clear it was pending. 

What would the cancellation charge be for more than 2 days notice?

sheramber

But you expected them to be available on the 3 rd until you cancelled.

If you didn't have a contract what were you cancelling? 

 

Jumblebumble

Sandtree said:

peds2002 said:
I told them we was looking to move on the 3rd and would let them know the official date once it was confirmed

Playing devils advocate, that sounds pretty much like you had accepted their quote.

Have you decided that this is the company you are using or were you still considering other options? 
When it became clear it wasn't going to be the 3rd why didn't you advise them?

This very easily could have become the reserve story where you complain that they didn't turn up on the 3rd with them saying it was because you never came back to confirm but you say that you'd told them its the 3rd unless you inform them otherwise.

This is very shady practice on the part of the Removal Company
If they believed a contract was in place why did they ring to asking about the arrangements 1 day before knowing that the cancelation period was 2 days?
They would not be seeing a penny from me without a district judge examining this matter in detail
This is enough for me to maintain there was no contract whatever and the OP should not pay 
 "We spoke to the removal company and informed them that we are still waiting of a official completion date before we make any formal agreement."

Tokmon

Jumblebumble said:

Sandtree said:

peds2002 said:
I told them we was looking to move on the 3rd and would let them know the official date once it was confirmed

Playing devils advocate, that sounds pretty much like you had accepted their quote.

Have you decided that this is the company you are using or were you still considering other options? 
When it became clear it wasn't going to be the 3rd why didn't you advise them?

This very easily could have become the reserve story where you complain that they didn't turn up on the 3rd with them saying it was because you never came back to confirm but you say that you'd told them its the 3rd unless you inform them otherwise.

This is very shady practice on the part of the Removal Company
If they believed a contract was in place why did they ring to asking about the arrangements 1 day before knowing that the cancelation period was 2 days?
They would not be seeing a penny from me without a district judge examining this matter in detail
This is enough for me to maintain there was no contract whatever and the OP should not pay 
 "We spoke to the removal company and informed them that we are still waiting of a official completion date before we make any formal agreement."

But that's not true based on what the OP is saying. They said they told them they "no longer require his services" which sounds like they had an arrangement in place. You wouldn't email that if someone just gave you a quote that you never accepted. 

peds2002 said:

pinkshoes said:

Surely as you are still waiting to complete then you still need them, and as per your original contract you do not have a completion and removal date yet?

(so no cancellation, just still awaiting an official removal date)

we emailled to say we no longer require his services. We never signed an official agreement in the first instance so no written or verbal contract was agreed. They are trying to get us to pay a fee for cancelling but can't see what grounds he has to charge us. We have asked for proof of this but still waiting for there response.

Undervalued

peds2002 said:

pinkshoes said:

Surely as you are still waiting to complete then you still need them, and as per your original contract you do not have a completion and removal date yet?

(so no cancellation, just still awaiting an official removal date)

we emailled to say we no longer require his services. We never signed an official agreement in the first instance so no written or verbal contract was agreed. They are trying to get us to pay a fee for cancelling but can't see what grounds he has to charge us. We have asked for proof of this but still waiting for there response.

So you did require them at one point and had made a booking?

A contract does not have to even be in writing, let alone signed, to be valid. Obviously it can be easier to prove if it is but all that is required is and offer and acceptance which can be entirely verbal. 

The fact that you emailed to say "we no longer require his services" strongly suggest you accept that there was a booking.

As others have said any cancellation fee must be a reasonable estimate of the firms losses, which they must attempt to mitigate as far as reasonably possible. It must not amount to a penalty.

the_lunatic_is_in_my_head

As with a few topics recently this all depends upon the durable information provided but unless the OP comes back it'll be another thread where we don't get any answers.