How long is 14 days? Three says it's 13 days....

SKAnarchist

Today I wanted to cancel my contract with Three under the 14-day right of withdrawal. I calculate this to be the 14th day, as I entered into the contract on 11th March (at 17:59, if that makes a difference).

By my calculations, 12th March to today = 14 days, today (25th March) being the last day I can cancel under the 14-day right of withdrawal.

By Three's calculations, 11th March to today = 15 days, yesterday (24th March) being the last day I could cancel.

Everything I've read online (Which.com*, legalo.co.uk*, MSE website*) suggests that the 14 days begin the day after the contract starts, making today my last day to withdraw. Three are saying that they count it from the same day as the start of the contract, making it too late to withdraw without paying for the whole contract. They're trying to charge me £240 to cancel.

I have asked them to refer this to their complaints department, which they have (with 72 hours' turnaround), but is there anything I need to be aware of - like any sly tricks or tactics they might use to delay or obfuscate while I wait to be able to refer this to the ombudsman? I believe that the clock should not tick down any further now that I've made the request (and saved the transcript of the conversation), so it shouldn't get to tomorrow and be too late, right? 



*Can't post links

soolin

SKAnarchist said:

Today I wanted to cancel my contract with Three under the 14-day right of withdrawal. I calculate this to be the 14th day, as I entered into the contract on 11th March (at 17:59, if that makes a difference).

By my calculations, 12th March to today = 14 days, today (25th March) being the last day I can cancel under the 14-day right of withdrawal.

By Three's calculations, 11th March to today = 15 days, yesterday (24th March) being the last day I could cancel.

Everything I've read online (Which.com*, legalo.co.uk*, MSE website*) suggests that the 14 days begin the day after the contract starts, making today my last day to withdraw. Three are saying that they count it from the same day as the start of the contract, making it too late to withdraw without paying for the whole contract. They're trying to charge me £240 to cancel.

I have asked them to refer this to their complaints department, which they have (with 72 hours' turnaround), but is there anything I need to be aware of - like any sly tricks or tactics they might use to delay or obfuscate while I wait to be able to refer this to the ombudsman? I believe that the clock should not tick down any further now that I've made the request (and saved the transcript of the conversation), so it shouldn't get to tomorrow and be too late, right? 



*Can't post links

If you count the 11th as day 1 then today is the 15th day since you took out the contract, although I agree if you took the contract out at 17.59 then you haven't technically had 14 full days. 

SKAnarchist

soolin said:

If you count the 11th as day 1 then today is the 15th day since you took out the contract, although I agree if you took the contract out at 17.59 then you haven't technically had 14 full days. 

That's the point we're arguing about - Three say the 11th does count, but everything I've read says it doesn't. 

powerful_Rogue

The legislation states:

30.—(1) The cancellation period ends as follows, unless regulation 31 applies.
(2) If the contract is—
(a)a service contract, or
(b)a contract for the supply of digital content which is not supplied on a tangible medium,
the cancellation period ends at the end of 14 days after the day on which the contract is entered into.

https://www.legislation.gov.uk/uksi/2013/3134/

Okell

I believe @powerful_Rogue is correct.

So my understanding is that it's within 14 days after the day on which the contract is entered into.

You entered into the contract on 11 March, so one day after would be 12 March, and 14 days after would be today, 25 March.

I'd get back to them today confirming that you are cancelling and quote paragraph 30 of the Regulations to them. 

(I'd advise you to check my calculation for yourself)

Jenni_D

The above is correct ... the period starts the day after, so a contract engaged on the 11th means Day 1 was the 12th .... Day 14 was the 25th.

saajan_12

I think you're correct, 25-11 = 14 days. However I'd be careful in your wording, if you can email a confirmation that you specifically ARE cancelling, not requests or asking them to confirm anything. 

SKAnarchist

Thanks, everyone - I've just contacted them again and it seems they've had a change of heart! Problem solved!