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Cancellation Acknowledgement.

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  • Alderbank
    Alderbank Posts: 3,883 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Catchat58 said:

    So on the Monday I email the company and tell them I want to cancel the order,I also informed the finance company too.

    It looks as though you are seeking a refund under their own 30 day returns policy. This includes, among other things, agreement that they can deduct a return administration fee of £150 for change of mind.

    That's not what you want.
    You need to email them again and make a clear statement that you have decided to cancel the contract ref. no. xxxx under your rights in s29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and you look forward to receiving their acknowledgement of receipt of the cancellation without delay, as they are required to do under s31(4)(b) of the above Act. Please also cancel the finance agreement with Payitmonthly without delay.

    Separately, you also have a statutory right to cancel the separate Payitmonthly loan within its 14 day cooling off period.
    I would also send them a copy of your email to Sofaway cancelling your contract with them under CCR2013
  • Catchat58
    Catchat58 Posts: 9 Forumite
    First Post
    Alderbank said:
    Catchat58 said:

    So on the Monday I email the company and tell them I want to cancel the order,I also informed the finance company too.

    It looks as though you are seeking a refund under their own 30 day returns policy. This includes, among other things, agreement that they can deduct a return administration fee of £150 for change of mind.

    That's not what you want.
    You need to email them again and make a clear statement that you have decided to cancel the contract ref. no. xxxx under your rights in s29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and you look forward to receiving their acknowledgement of receipt of the cancellation without delay, as they are required to do under s31(4)(b) of the above Act. Please also cancel the finance agreement with Payitmonthly without delay.

    Separately, you also have a statutory right to cancel the separate Payitmonthly loan within its 14 day cooling off period.
    I would also send them a copy of your email to Sofaway cancelling your contract with them under CCR2013
    Hiya Alderbank.
    Thanks so much for your detailed response.
    I will quote what you've put to the sofa company ( sofaway) but I don't expect a response sadly.
    I did cancel the DD to pay it monthly when I first decided to cancel the order & they rung me almost straight away.
    They said that I had to keep the DD open as I was liable for the payments and if I cancelled then credit reference agencies get informed etc .
    I got put into serious debt a number of years ago courtesy of someone else and I've worked so bloody hard to get it sorted & cleared & my credit score is slowly rising & I'm now in the " good* category. 
    The thought that I could go back down to the bottom because of this just really worries me hence why I reinstated the DD 😳
  • born_again
    born_again Posts: 20,303 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Jenni_D said:
    Are you not within the 14 days cooling off period for the loan anyway?
    It's a not a loan as such. 

    https://payitmonthly.uk/

    Unregulated area BNPL
    Life in the slow lane
  • Catchat58
    Catchat58 Posts: 9 Forumite
    First Post
    Alderbank said:
    Catchat58 said:

    So on the Monday I email the company and tell them I want to cancel the order,I also informed the finance company too.

    It looks as though you are seeking a refund under their own 30 day returns policy. This includes, among other things, agreement that they can deduct a return administration fee of £150 for change of mind.

    That's not what you want.
    You need to email them again and make a clear statement that you have decided to cancel the contract ref. no. xxxx under your rights in s29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and you look forward to receiving their acknowledgement of receipt of the cancellation without delay, as they are required to do under s31(4)(b) of the above Act. Please also cancel the finance agreement with Payitmonthly without delay.

    Separately, you also have a statutory right to cancel the separate Payitmonthly loan within its 14 day cooling off period.
    I would also send them a copy of your email to Sofaway cancelling your contract with them under CCR2013
    Alderbank.
    I just want to say a huge thankyou.
    I did what you advised and within 5 minutes of sending the email I received a what's app from sofaway. 
    I initially said please respond via the email as I need a paper trail.
    They then just said we can either deliver your sofa over the weekend or issue you a refund.
    I opted for the refund obviously.
    So time will now show if they do.
    When I sent them the email I CC 'd pay it monthly into it to.
    This is the furthest I've got with them so I truly appreciate all the advice.
    Thankyou so much 🥰
  • Catchat58
    Catchat58 Posts: 9 Forumite
    First Post
    Hey all.
    So I've heard back from the finance company.
    They have told me they are FCA exempt.
    So I take it that still leaves me liable? 😔
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