Right to cancel order due to delay

Bakerboy1977

12 weeks ago I placed an order for a new double glazed front door. The surveyor made the measurements and I signed the order form. It was suggested that the door would be installed after 6 to 8 weeks but this was not in writing.

No deposit was taken. No copy of the order form or Ts&Cs has been provided to me.

After 10 weeks, we had heard nothing so I called the company. The call handler said someone would call me back. No one called. I called the sales man I originally dealt with who said he would get the installer to call me. No one called.

I emailed asking for an update. No reply.

I completed the contact form on their website. Someone replied saying they were waiting for an update from their supplier and they would get an installation date organised after that.

2 more weeks have passed. No communication. I emailed a few days ago - no reply.

I have therefore just sent an email cancelling the order.

I believe that under the consumer rights act I have waited a reasonable time and can therefore cancel the order.

Should I expect any argument from the company? Am I within my rights to cancel this order?

elsien

Is the door a standard size or bespoke because that will make a difference to your rights.
I presume you signed the contract at home?
What is the company and have you looked to see if their terms and conditions can be found online.

Bakerboy1977

https://forums.moneysavingexpert.com/discussion/comment/82009572#Comment_82009572

It is not a standard size.
Yes, I signed at home.

Bakerboy1977

https://forums.moneysavingexpert.com/discussion/comment/82009572#Comment_82009572

(Sorry, I missed your last questions)

The company is a local Double Glazing installer whom I should not name here.

Their terms and conditions cannot be found on their website. However, I believe these would be superseded by the Consumer Rights Act?

With their lack of ability to respond to my communications, if they did install the door and I had any warranty based issues, I fear they would not respond to my requests at that stage.

Grumpy_chap

I wonder whether a contract has been formed?

The OP signed the contract at home but has not paid any deposit. Was a deposit requested?

When does the paperwork the OP signed state that a contract is formed?

It is not uncommon for contract (offer and acceptance) to only occur when deposit paid.

Bakerboy1977

No deposit was requested.

Neither did they provide a copy of the order form I was asked to sign.

Perhaps you are right and a contract does not exist?

user1977

I suggest wait to see what their response (if any) is before worrying about what to do next.

sheramber

As thry are local can you call and speak to them face to face?

Arunmor

There's a war on you know.

(Slightly flippant but but it might affect their supply chain. The lack of taking ownership would be what annoyed me most)

Okell

https://forums.moneysavingexpert.com/discussion/6669565/right-to-cancel-order-due-to-delay

"… I believe that under the consumer rights act I have waited a reasonable time and can therefore cancel the order…"

I'm not sure it's that simple.

After the 6 - 8 weeks had passed you should have contacted them and given them a deadline that was "appropriate in the circumstances" and if they hadn't delivered by then you could have treated the contract as at an end and owed them nothing, and they would have had to repay any payments you had already made.

See s28 of the Consumer Rights Act 2015

Sounds like you didn't give them a deadline and just "cancelled"?

As others have said, you need to look at their T&Cs to check when a contract is formed

(NB - I'm not sure it's helpful to talk about cancelling the contract in this situation. I think "cancelling" means something else and in this case you are treating the contract as at an ened because of their delays)