Cleaning company trying to charge me full amount for clean I rescheduled

[Deleted User]

powerful_Rogue said:

[Deleted User] said:

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

The OP said that payment was cash on the day. So that does not apply, as I'm assuming - not unreasonably - that the OP will not arrange a second appointment then refuse the cleaners entry when they turn up. So the cleaners will turn up and on completion request the payment for that service and for the missed appointment, and the OP will be contractually bound to pay.

Also, if the 14 day cooling off period had expired prior to the arranged appointment they'd need to pay also.

(And even if the OP did refuse them entry, for some reason, they'd still be liable for their out of pocket costs which would almost certainly include the appointment at that time).

I doubt it as they don't know the address.

What do you doubt?

the_lunatic_is_in_my_head

[Deleted User] said:

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

The OP said that payment was cash on the day. So that does not apply

Cash on the day has nothing to do with anything.

[Deleted User] said:

Also, if the 14 day cooling off period had expired prior to the arranged appointment they'd need to pay also.

If the company hasn't provided the required information the cancellation period is 1 year and 14 days.

[Deleted User]

the_lunatic_is_in_my_head said:

[Deleted User] said:

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

The OP said that payment was cash on the day. So that does not apply

Cash on the day has nothing to do with anything.

Of course it does. It means they are there, at the house, physically present. Therefore the context I described - that you appear to have removed from your reply in order to make some point I cannot fathom - applies.

Grumpy_chap

the_lunatic_is_in_my_head said:

complaintsrus said:

I was not provided a cancellation contract

Distance contract so you can cancel within 14 days of forming the contract. 

Is there a right to cancel for a service with a specific date?
Could the company argue that the cleaning service is related to leisure activities (by virtue of not being work related) - it gives the purchaser more leisure time?
The requirement to give notice about right to cancel only applies where there is a right to cancel.

the_lunatic_is_in_my_head

[Deleted User] said:

Of course it does. It means they are there, at the house, physically present. Therefore the context I described - that you appear to have removed from your reply in order to make some point I cannot fathom - applies.

The OP has cancelled, that is the end of the matter.

Either OP has a right to cancel and no payment is due in which case there is no need to attend.

Or OP doesn't have a right to cancel and is failing to fulfil their obligations under the contract in which case any term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied will be tested for fairness and the ordinary position will apply.

That is either loss of profit mitigated by attempting to find another customer or costs but not both. In the slim event anything is due it is free to send an invoice by messenger and a stamp is cheaper than attending the OP's home so trying to claim the costs of attending can be argued as failing to mitigate.

Equally aggressive practices, including coercing the consumer, are prohibited under the CPRs which would lead to the right to unwind the contract and possibly a criminal offence on the trader's part, that's without this attempt to reclaim money on the door step turning into a public order offence. 

All that aside from a pragmatic viewpoint a busy cleaning company is a fool to waste time attending customers who don't want their house cleaned when they could be busy earning money elsewhere. 

born_again

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

Is this a consumer contract?
Op made no mention either way. Could possible be a rental property?

the_lunatic_is_in_my_head

born_again said:

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

Is this a consumer contract?
Op made no mention either way. Could possible be a rental property?

Can only go off what is given, if someone comes to the consumer rights board but isn't a consumer and doesn't say so what are we supposed to do?  

[Deleted User]

the_lunatic_is_in_my_head said:

[Deleted User] said:

Of course it does. It means they are there, at the house, physically present. Therefore the context I described - that you appear to have removed from your reply in order to make some point I cannot fathom - applies.

The OP has cancelled, that is the end of the matter.

Either OP has a right to cancel and no payment is due in which case there is no need to attend.

Or OP doesn't have a right to cancel and is failing to fulfil their obligations under the contract in which case any term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied will be tested for fairness and the ordinary position will apply.

That is either loss of profit mitigated by attempting to find another customer or costs but not both. In the slim event anything is due it is free to send an invoice by messenger and a stamp is cheaper than attending the OP's home so trying to claim the costs of attending can be argued as failing to mitigate.

Equally aggressive practices, including coercing the consumer, are prohibited under the CPRs which would lead to the right to unwind the contract and possibly a criminal offence on the trader's part, that's without this attempt to reclaim money on the door step turning into a public order offence. 

All that aside from a pragmatic viewpoint a busy cleaning company is a fool to waste time attending customers who don't want their house cleaned when they could be busy earning money elsewhere. 

You appear not to have read what the OP wrote, nor what I wrote. The OP is asking whether, if they book a second appointment, they would be obliged to pay for the first, given that this is what the company have already stated. The answer is Yes. It's as simple as that.

Now you can speculate on absurd situations whereby the OP books a second appointment then decides to cancel it, or waits until the cleaners arrive then doesn't let them in, and at what point this cancellation ceases to have effect, but that has nothing to do with what has been posted.

born_again

the_lunatic_is_in_my_head said:

born_again said:

the_lunatic_is_in_my_head said:

[Deleted User] said:

As to your question, can they 'force' you to pay for both if you agree to this, the answer is yes. You agreed to it therefore it's a contract.

No as above, consumer contracts concluded at a distance come with the right of cancellation. 

Is this a consumer contract?
Op made no mention either way. Could possible be a rental property?

Can only go off what is given, if someone comes to the consumer rights board but isn't a consumer and doesn't say so what are we supposed to do?  

I know, but it is not unusual for people not to mention 🤷‍♀️

the_lunatic_is_in_my_head

[Deleted User] said:

You appear not to have read what the OP wrote, nor what I wrote. The OP is asking whether, if they book a second appointment, they would be obliged to pay for the first, given that this is what the company have already stated. The answer is Yes. It's as simple as that.

A second booking would either be a separate contract in which case nothing to do with the first booking or it would be an amendment to the original contract which would require the express agreement of both parties.

The company may* be entitled to say if you want another booking you have to pay for the first but OP is not obligated to agree, they are free to decline and the cleaning company is also free to decline a second booking should they wish.

*I say may, it depends how they phrase it, any statement which misleads the consumer about their rights would be a breach of the CPRs. 

[Deleted User] said:nor what I wrote. 

Yes I read what you wrote, it's only a few comments back...

[Deleted User] said:

You agreed to it therefore it's a contract.

Which as already stated was incorrect.