14 days cooling off electric rewire

blackstar

macman said:

born_again said:

blackstar said:

We are in Scotland and we entered into the contract from phone/email. Nothing was in person. 

So how have they managed a quote for a rewire if they have never seen the property?

I'm assuming that they visited to do a site survey, but the quote was submitted remotely and accepted remotely. So the contract was not made face to face?

No the trader never visited me or did I goto their office. All was done via email and phone. The quote was done just on a right move advert. 
I canceled the contract less than 24 hours (April 4th) of paying half for a electrical rewire with no set date (just week commencing April 15th - which I presume means at some point in that week). 

Quote done and accepted remotely


Still I am having no luck getting back what I paid. 

They are still saying 

1) we are allowed to include a 14 day waiver in our terms of contract as long as we make you aware that by agreeing to getting the work to start earlier you are waiving your 14 day cooling off period. Because you ask if we can start work sooner than the 14 days you have waived your rights to a 14 day cooling off peroid. Even though no work or services were provided to you.

2) we have spent all the money for materials for your job in the 7 hours it was cleared in the bank before you cancelled. 

pinkshoes

blackstar said:

macman said:

born_again said:

blackstar said:

We are in Scotland and we entered into the contract from phone/email. Nothing was in person. 

So how have they managed a quote for a rewire if they have never seen the property?

I'm assuming that they visited to do a site survey, but the quote was submitted remotely and accepted remotely. So the contract was not made face to face?

No the trader never visited me or did I goto their office. All was done via email and phone. The quote was done just on a right move advert. 
I canceled the contract less than 24 hours (April 4th) of paying half for a electrical rewire with no set date (just week commencing April 15th - which I presume means at some point in that week). 

Quote done and accepted remotely


Still I am having no luck getting back what I paid. 

They are still saying 

1) we are allowed to include a 14 day waiver in our terms of contract as long as we make you aware that by agreeing to getting the work to start earlier you are waiving your 14 day cooling off period. Because you ask if we can start work sooner than the 14 days you have waived your rights to a 14 day cooling off peroid. Even though no work or services were provided to you.

2) we have spent all the money for materials for your job in the 7 hours it was cleared in the bank before you cancelled. 

I'd ask them to hand over the goods you have paid for with an itemised receipt which of course will have the time and date of purchase... (showing they spent all the money before you cancelled).

blackstar

That's a good point.
Not credible they spent £2,500 within a few hours of money clearing (less than 24 hours) on materials for my job. And if so they would have the receipts with date and time etc...whixh ofcourse they won't have.

So they are wanting to keep all these materials £2,500 worth to be precise. I get none of it. What a great profit!!! £2,500 worth of materials for free and to then use other customers and charge them for it. How nice of them. Not like its bespoke materials its wiring that they can use, even if true that they had bought it.

In terms of the cooling-off off peroid they have on their contract surely it means that I waive the right to cancel if they start work before the 14 days is up and whatever they have started work on I would have to pay them for that. Isn't it suppose to protect them and rightly so that I can't just cancel after they do say 2 days work within the 14 days cooling off peroid that I would have to pay them for what they have done. Not that I pay them for work they haven't even started doing. 
They think because I asked if they can start work within 14 days cooling off that means I have waived my rights to the 14 days cooling off. 

blackstar

This was on the contract:

What do people make of the last paragraph 13.4 and in relation to the law the Consumer rights act? As has been mentioned before 
by a great poster 
Legislation doesn't permit them to contract out my right of cancellation in this manner.
Surely the legislation is there to protect the consumer in regards to 13.4 so they can't then bank all a consumers money and keep all parts and provide no service at all. That 13.4 should be unlawful and the Consumer rights supercedes their contract in particular 13.4

THE CLIENT HAS 14 DAYS FROM THE DATE

OF THIS AGREEMENT OR FROM THE DATE OF THE ORDER CONFIRMATION (IF LATER) IN WHICH TO CANCEL THE AGREEMENT IN WRITING WITHOUT LIABILITY, HOWEVER SHOULD YOU REQUEST THAT WE

COMMENCE THE SERVICE PRIOR TO THE END OF THE 14 DAY CANCELLATION PERIOD YOU WILL BE DEEMED

TO HAVE AGREED TO WAIVE YOUR RIGHT TO CANCEL.

13.2 Subject to Clauses 13, once you have notified us that you are cancelling your Order in writing, any sum debited to us from your credit card or paid by cheque will be

re-credited to your account as soon as possible and in any

event within 14 days of your Order.

13.3 Due to the nature of the Service (Company name) will not deliver the Service within a 14-day period.

However, if the cooling off period overlaps with the delivery of Services the Client agrees to wavier the cooling off period

to allow (Company name) to deliver Services.

13.4 Subject to Clause 13.1, and in the event the Client terminated Services prior to commencement (which

includes us ordering the necessary products and equipment

to complete the Work), the Client agrees to pay the full Contract Price.