Cooling off and Cancellations

Cooling off and Cancellations post image

Contracts are, by definition, legally binding, therefore it’s difficult to cancel without financial penalty unless you can prove breach of contract. In many situations however, such as buying goods from shops, you are able to cancel the contract and get your money back. But unless the goods are faulty, this is not an automatic right, and you must refer to the individual shop or supplier’s returns policy.

Under certain circumstances, you are given the right to cancel over a specific period of time. This is referred to as your cooling off period and the duration of this period depends on what you bought and the manner in which you bought it. The following are situations in which the cooling off period applies

Buying online from shops or suppliers

The purchase of goods and services over the internet, by phone or by mail order generally is subject to the Distance Selling Regulations. One of the most important implications of these regulations is a cooling off period of 7 days during which you have the right to cancel. You must provide notice of cancellation in writing and it must be posted to, left at, faxed or emailed to the business address of the supplier, and you must ensure this is done no later than 7 working days after receipt of goods. Contracts for financial products sold by distance means are subject to different rules, see below for more on this.

Something else worth mentioning is that the supplier must have sent you written confirmation of your order no later than the time of delivery of the product or performance of the service. If they did not, then your 7 day cooling off period will not begin until they do, and may be extended by a further 3 months.

If you have commissioned a service under a distance selling contract and the work begins before the end of the 7 days cancellation period, then you must give up your right to cancel, but this must be clearly communicated and with your express agreement.

 

Does the right to cancel apply for all goods bought by mail order?

There are obvious exceptions and you will not have the right to cancel with the purchase of the following goods:

  • Goods made to a personalised specification
  • Perishable goods, such as foodstuffs and flowers
  • Audio/video recordings or software where the seal has been broken
  • Newspapers, magazines or other reading material (not books)
  • Gaming, betting, lotteries

Buying from a doorstep seller

If you have bought something costing more than £35.00 from a trader as a result of a visit to your home or place of work (whether or not the visit was requested by you), you will be protected by the Doorstep selling Regulations – or to give it its proper title: The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008. These regulations give you a cooling off period of 7 calendar days during which time you have the right to cancel and get a full refund. Just as with the Distance Selling Regulations, you must have been provided with a notice of your cancellation rights, otherwise the agreement may be legally unenforceable

Buying away from the trader’s normal place of business.

You may also invoke your 7 day cancellation rights for items over £35.00 where business is taking place away from the trader’s HQ or shop. This may include any of the following:

  • Your place of work
  • A trade fair
  • A one-day fair (such as a wedding fair) or a marketing presentation (such as overseas property)

It is also the case even when contracts are concluded at a later date, back at the trader’s shop or office – the fact that you have made your offer away from here is the important thing.

Timeshare agreements

There have been numerous problems to do with consumers who have signed contracts while under pressure from sales reps in the UK or as a result of a ‘free’ holiday provided by the company. For this reason, the Timeshare Act 1992 gives you the benefit of a cooling off period of 14 days if contracts are signed in the UK. If you sign abroad you will be subject to local laws, although most European member states have a cooling off period of 10 days. Check before you sign, although the company must provide you with the same notification of your rights as doorstep sellers.

Credit Agreements

You will only benefit from a cooling off period if the credit agreement was made in one of the following ways:

  1. For agreements signed away from the creditor’s normal business premises – i.e. at your home, place of work or at an exhibition stand
  2. For agreements made at a distance (online, by phone or by post)

For agreements which fall under (1), you will have a cooling off period of 5 days, which begins from the time you receive the second copy of the agreement (containing the cancellation form). For contracts which fall under (2) and (3), you benefit from a 14 day cooling off period. Unlike the cooling off period for goods bought under the Distance Selling Regulations (DSRs), the creditor may make a reasonable charge for any service (such as insurance cover) which was operating during this time.

There are specific guidelines on how you should cancel the contract, which must be notified to you by the creditor before or immediately after the contract is made. If the creditor does not make this information available to you, then your cooling off period will not begin until this happens.

Financial products and services

Financial products including banking, credit, insurance, personal pensions and investments, sold by distance means are subject to a 14 day cooling off period (this is 30 days in the case of life insurance and personal pensions). This includes renewals for insurance where the agreement has been sent by post. This 14 day cooling off period also covers situations where you bought a financial product from an intermediary or a broker, even if it was discussed and signed face to face. You must be sure to follow correct procedure for cancellation (see below). The insurer or broker must refund any monies paid by you within 30 days, although they have the right to deduct a reasonable admin charge, and a sum proportionate to the number of days cover you have had. If you have any related credit agreements, these will also be cancelled.

Extended warranties

These are effectively insurance policies and have a 45 day cancellation period with the right to a full refund if you have not made a claim in this time. Any cancellation after this time will entitle you to a  pro-rata refund. See our guide to extended warranties for more in depth information.

The correct procedure

With any contract or sale which is concluded away from the trader’s normal business premise, you must be sure you have been presented with clear written notice of your right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. You can use the cancellation form provided or a simple written notice, as long as it is clear of your intentions. And as long as you have posted your notice of cancellation before the end of the cancellation period, it doesn’t matter when it is actually received. For this reason, it is always advisable to send it recorded delivery.

Refunds

The supplier must reimburse you within 30 days of cancellation, without charge, unless you have been informed that you will be liable for the cost of returning the goods. If you have any related credit agreements, these will also be cancelled.


Leave a Comment

473 comments… add one

  • Gemma 11 November, 11:55 am

    We brought a sofa and chair from Harveys back in May 08. We signed 3 or 4 financial credit agreements as Harveys kept putting them through incorrectly. We did not have confirmation from Harveys after we brougth the sofa and chair that the agreesments put hrough incorrectly had been cancelled.

    We got a letter from credit company after we recieved the goods saying an agreement had been cancelled as instructed by Harveys and no further payments where necessary. We realised that this was for a table and chairs brought the previous year not the credit agreement put through incorrectly. We have had another letter from Harveys now wanting the money for the table and chairs, Do I have to pay them if I have had written confirmation that this was cancelled all be it by mistake??

    Reply
  • Dick 12 November, 5:36 pm

    Hi – Ive bought three return journeys on Eurostar between Friday 14th to December 1st 2008, but as they are not “flexible” tickets I have been told by them I cannot have a refund or a credit note. Can this be argued and a refund or credit note received, please?

    Reply
  • Catriona 12 November, 11:05 pm

    Dick – I’m afraid cooling off rights do not apply to fixed-date travel tickets, and Eurostar are under no legal obligation to offer you anything in return. This was probably the reason those tickets were cheaper and you should have been advised of their policy before you confirmed sale. Their response seems a little harsh however and most carriers will at least let you rebook with the payment of an additional fee.

    Reply
  • Catriona 12 November, 11:50 pm

    Gemma, there isn’t provision for this in law, but all I can say is that a verbal agreement is just as legally binding as a written contract. The only way it would be legally unenforceable is if the retailer were in breach of some requirement under Consumer Credit or Distance Selling legislation. I can’t see you getting away with this unfortunately!

    Reply
  • c smith 15 November, 10:45 am

    hi my son bought a car last weekend he paid £4550 cash for it then found out he could not get it insured the car is still at the garage where does he stand noe can he ask for his money back.

    Reply
    • David Doughty 6 October, 8:55 am

      Christie have you heard of that saying “no such thing as a free lunch?” well almost invariably any “free” prize comes with strings and in your case you have to take a subscription to a magazine. My advice is to contact the company and explain that you have a right to cancel under distance selling and that you have a 7 day cooling off period to cancel.

      Reply
  • Pete 17 November, 4:11 pm

    My colleague bought a motorbike yesterday and today realises he has bought something far too powerful for him as he only passed his test a few weeks ago. The shop has agreed to cancel the finance but won’t give him all his deposit back, only half of it. They have offered him vouchers to spend in their shop for the other half, but he’s angry that they’ve taking him for a ride (excuse the pun) and wants it all back in cash. Where does he stand ?

    Peter

    Reply
  • Pat Elliott 18 November, 10:27 am

    I have bought a package holiday over the phone and paid by visa – do i have a cooling off period?

    Reply
    • Fred 28 February, 9:13 am

      No – Package holidays do not have a coolong off period

      Reply
  • Catriona 19 November, 12:45 am

    C Smith, the only case you would have is if the car is of poor quality and unfit for purpose, and this is the reason he cannot get it insured. It’s hard to answer this without knowing the reason.

    Reply
  • Catriona 19 November, 1:10 am

    Pete, retailers and suppliers only have to give you back 100% of the money paid if it was a distance selling contract. If it was agreed face to face in a shop, he is trying to go back on a legally binding agreement, so the shop are in a strong position. Check the Ts and Cs in the contract to find out whether there was any warning this would happen.

    Reply
  • James 19 November, 6:46 pm

    I made a deposit for a car finance deal with a dealer (at the seller’s office) I found on AutoTrader. The finance was not approved by the finance company, and when I asked for a refund which they promised, they are now refusing, that I should go and look for a personal loan!!!

    Please advice me on what to do.

    Reply
  • Catriona 19 November, 10:18 pm

    Pat, I’m afraid not, package holidays (which include travel and accommodation within a specified time) are only partially covered by the distance selling regs, there is no cooling off period. You should look to the package travel regs to see how you are covered.
    See: http://whatconsumer.co.uk/the-package-holiday-regulations

    Reply
  • robbie 20 November, 9:36 am

    I went to ask about a deal for a car at dealers franchise, found a car i was interested in, was asked to sign a form by salesman before being passed to finance person to sort out money. – was given a weekly price verbally and i asked him to get the best deal several times – finance company was closed at this time but he said it was not a problem – the form i signed had no financial information on it but blank boxes – i fear i may have been duped because when i was leaving he said i could pick the car up the next day – how can this be when he doesnt even know if i’ll pass finance – on calculating weekly payments at home – the typical apr figure was way out – it seems i would be paying almost double the cost of the car – can i get out of it within 24 hrs – i didnt realise the form i signed may have been a credit agreement as it had no information on it!

    Reply
  • Catriona 21 November, 12:47 am

    Robbie, it is unlikely that the form you signed was a credit sale agreement. There are strict rules which require the presentation of key financial information, including:
    * The loan amount
    * The charge for credit
    * The total amount payable
    * The monthly instalments
    * The Annual Percentage Rate (APR)
    The figures cannot be added in afterwards, you must have full knowledge of them before you sign. If not, you can claim that it was mis-sold and therefore legally unenforceable. See the following page for further info on credit sale agreements. http://whatconsumer.co.uk/credit-agreements-explained/

    Reply
  • Dawn 21 November, 6:13 pm

    My partner signed a contract with an estate agents yesterday in our home. We realise that their fees are way higher than all other local agents. Does the cooling off period apply?

    Reply
  • David 27 November, 9:22 pm

    I signed a Hire Purchase Agreement for a car in a main dealership, but cancelled two days later. In the paperwork headed “Hire Purchase Agreement” there was a clause that gave me the right to cancel. The dealer is refusing to return what he calls my deposit. The deposit he refers to is actually an “initial hire payment” taken on behalf of the finance company (same manufacturer, but trading as the Finance arm). Am I entitled to my money back.

    Reply
  • Catriona 2 December, 12:50 am

    Dawn, yes, refer to the doorstep selling regs: http://whatconsumer.co.uk/doorstep-selling/

    Reply
  • Catriona 2 December, 1:03 am

    David, your statutory cooling off only applies where the paperwork was signed away from the trader’s normal premises, or where it was entered into as a distance contract. If you signed the agreement while you were in the dealership, you do not have a statutory cooling off period. The right to cancel you refer to is nothing more than a goodwill gesture of the finance company and as such subject to their own ts and Cs. Therefore they have the right to hang on to your initial payment.

    Reply
  • Michael 6 December, 9:26 am

    Hi,

    I bought some photos from a photographers for £466 on Sat 29th Nov and after careful consideration decided that I couldn’t afford this.

    I signed a form on trade premises which didn’t appear to be a credit agreement but stated what I was ordering and made clear that I paid £100 via Mastercard and had 6 months worth of payments to start paying from 19th December 2008.

    After phoning the company on Friday 5th December I explained that I wished to cancel the order due to having insufficient funds to pay for it. The company informed me that on the bit if paper that I signed it states that there are “no refunds and no cooling off period” which ihe read to me over the phone. I didn’t leave the premises with any copy of my signed paperwork.

    Additionally the company stated that because they are making the photos in time for Xmas they have done all of the photos and the order cannot be cancelled as the frame is being hand-made as well.

    I am unsure of my rights as I want to cancel the order and I’m quite prepared to lose my £100 as I cannot afford the £366 owing.

    The company have offered me a deferred payment until January so I can start my payments then but I will not receive any of my photos until then.

    Can I just not accept my order and not pay anymore or do I have to accept the goods if they are in good condition?

    Do I have to pay and will they enforce legal action if I wasn’t to pay?

    It seems to me that the company will not let me cancel my payments/order and are expecting the full funds.

    Where do I stand legally?

    Reply
    • Adam 8 February, 1:40 pm

      Michael,

      Why did you not give ‘careful consideration’ BEFORE you entered into this contract, rather than after? I think it is very irresponsible of you to waste these peoples’ time on getting legal advice on what is basically an immature mistake on your behalf. You are an adult I presume?

      So, you made a mistake, now you’ve got to pay for it. Simple as that. Most people make these mistakes when they are 16, and they don’t do them again. Why do you think an honest tradesperson trying to eek out an honest living should be held accountable for your purchasing whims?

      Have you ever considered the other side to the argument and if so why did you even have the audacity to write in?

      Yours in despair,
      Adam B-H

      Reply
  • Isobel 7 December, 10:07 am

    We paid for a carpet in full by credit card in the store do we have a 7 day cooling off period please.

    Reply
  • Catriona 8 December, 1:02 am

    Michael, I’m afraid there is no cooling off period and you have formed a legally binding agreement to pay the full amount. Added to this is the fact that the order has been made to order to your specific requirements (am I right?). You can only appeal to their goodwill, but must understand the nature of an agreement from their point of view, and costs already incurred.

    Reply
  • Catriona 8 December, 1:15 am

    Isobel, no, I’m afraid not.

    Reply
  • Michael 8 December, 9:48 pm

    Thank you very much for your clarification! You do a wonderful job!

    Reply
  • eric 9 December, 3:40 pm

    hi
    have just got 12 months contract with bt for phone line and all inclusive calls anytime wanted to cancel the calls and pay phone line only but they said there is no cooling off period as the service has been actived thank you.

    Reply
    • sandria bryan 22 February, 11:10 am

      Hi Eric ive done the same but for 2yrs they say you can only cancell the day before activation, not after, i said with the tv you do not know what your getting untill activation. but told if i cancell i have to pay up 2yrs contract, what a rip off. im still trying to find out where i stand legally. it does say on this sight if buying on line 7 days cooling off period but not sure if applies to a contract.

      Reply
      • David Doughty 18 May, 3:29 pm

        This is a common misnomer and one in which I have reported BT to Trading Standards this week.
        My circumstances are different but despite informing them that I was moving home they signed us up for a 12 month new contract and “activated” the contract the same day – despite the fact that we had moved and were phoning from the same line !!!
        The sales team at BT refused to allow a cancellation when I called them back 2 hours after the initial call to cancel the service.
        Trading Standards are now pursing this presumably under the auspices of the 2008 Act.
        My advice is to consider alternative telephony suppliers and opt for customer care.

  • Nick 9 December, 8:34 pm

    I got a new contract phone from Jag on Monday, on Monday night I decided that the phone and the contract were not for me. I emailed my friend who manages one of the local Jag stores and asked if I could cancel the whole thing, he said yes as long as I hadn’t made any calls. No where in the very short contract does it say that I’m not allowed to use the phone if I decide to cancel the contract.
    Is there a way that the cooling of period applies so I can use it to get them cancel it?

    Reply
  • Catriona 10 December, 12:39 am

    Eric, you only have a 7 day cooling off if contracts were concluded by distance (i.e over the internet, or the phone). If the service was activated before the end of the 7 days cancellation period, you have given up your right to cancel, but it should have been clearly communicated and with your express agreement.

    Reply
  • Catriona 10 December, 1:08 am

    Nick, mobile phone operators seem to have different policies as regards opening and using the product and your continued right to cancel the contract. All I can say is from a legal point of view, you give up your right to the 7 day cooling off (if it applies in you case, does it?) if the service is activated before the end of the 7 days, but this must be clearly communicated to you. Additionally, you must be given the opportunity to examine the goods, and how can you be expected to do this without opening and using the goods? Check the paperwork again because the distance selling regs require that specific info must be provided to you about your rights. If they are not, the contract may be legally unenforceable and you could successfully challenge it. See:
    whatconsumer.co.uk/mail-order-distance-selling-know-the-facts/
    also see the post: ‘your right to cancel’ which follows on from this

    Reply
  • Catriona 10 December, 1:09 am

    Michael – your thanks is appreciated. We very rarely get any!

    Reply
  • Paul 14 December, 12:38 pm

    I bought some laminate flooring from a well known High Street seller and was informed if I brought any of the packs back unopened within 28 days, with proof of purchase, I would be reimbursed.

    My wife attempted to return surplus unopened packs and was informed this would only be done to a maximum amount of 20% of the order and that 3 or more packs is the minimum purchase.

    Where do I stand as this was not mentioned at the time of purchase ?

    Reply
  • Catriona 16 December, 12:44 am

    Paul, If you bought the laminate from a shop you won’t have cooling off rights – did you? Although shops are under no legal obligation to refund anything after you’ve bought (unless it’s distance selling), they must still display their returns policy at the point of sale, clearly and legibly.

    Reply
  • Jeeves 16 December, 2:50 pm

    Hi, I subscribed for AA breakdown cover two days ago. I just came to know that my car comes with warranty that includes breakdown cover. I called AA to cancel. But, even though I have 28 days cooling off period, they are going to deduct £14 towards admin charges. Is this acceptable? I was told that it is mentioned on page 20 of their T&C.

    Reply
  • joe 17 December, 4:30 am

    i enquired about a plumbing course and was contacted by phone to arrnge for a rep to visit me at my home to discuss the course however after 3 hrs he had pursuaded me to sign up for a £3000+ career development loan [with a company i think is tied with the training provider,adress is 2 doors away]and part with a £100 deposit at no point was a cancellation form issued or explained to me hoever on looking at the contract it states i have a 7 day cooling off period but not for students on credit terms it also states i will be deducted a £45 admin fee he also left some cd roms and books in a case for me
    i have writen to both companies explaining my wishes to cancel and requested a full refund
    am i within my rights to cancel and recieve full refund please

    Reply
  • Steve 18 December, 3:12 pm

    If a deposit is paid for a motor vehicle but no contract signed (at the traders’ premises). Is this eligible for refund if purchaser cannot continue with purchase ? Many thanks.

    Reply
  • Neil 19 December, 1:00 pm

    I went to buy an engagement ring from a shop where an old school friend works on the 8th of this month. When I arrived she no longer worked there but the assistant said that a discount would still apply and I put a 50% deposit down for a ring to be made up. Since then I’ve had time to look around and I’ve realised that I’m really not getting a very good deal. Will I be entitled to my deposit back?

    Reply
  • Catriona 22 December, 11:01 pm

    Steve, even though you have nothing in writing a legally binding verbal contract still exists. Therefore if one of the parties withdraws, it will still constitute breach of contract. The existence of a contract is also reinforced by the paying of a deposit, although what rights the other party has (damages etc) in the event of a breach will depend on what was discussed and agreed.

    Reply
  • Catriona 22 December, 11:12 pm

    Jeeves, With insurance products the cooling off period does allow them to make a discretionary charge, although it should reflect true costs and be reasonable.

    Reply
  • Catriona 22 December, 11:33 pm

    Joe, nobody can be excluded from the right to cancel, this is an unfair term. Under the doorstep selling regs you have 7 calendar days to cancel and get a full refund. No fees can be levied in respect of cancellation under the doorstep selling regs. For more info see: http://whatconsumer.co.uk/doorstep-selling/

    Reply
  • Catriona 22 December, 11:42 pm

    Neil, I’m afraid the cooling period does not apply in your case.

    Reply
  • clare 23 December, 2:28 pm

    So, does this mean there is no protection from over zealous salesmen in shops? i was persuaded/bullied into a phone contract at the weekend and it is not what i wanted at all. i take it from this site that i have no cooling off period?

    Reply
  • Catriona 23 December, 6:07 pm

    Clare, there is no cooling off if you bought the item in a shop, but if you were bullied into it, you can benefit from the protection of different regs. See:
    http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/

    Reply
  • Angela 30 December, 2:48 pm

    My AA breakdown cover has recently come up for renewal. Unbeknownst to me, AA have automatically renewed it at a signifcantly higher premium. When I queried this, I was told documentation had been sent and my 14 day cooling off period had expired.

    I’ve not received any documentation and AA are refusing to accept any responisibilty for this and give me a refund, despite the fact their policy states the 14 day cooling off period is from “receipt of your membership documents”.

    How does the 14 day cooling off period work for non-reciept of documents? Where do I stand on cancelling this memebership?

    Thanks in advance.

    Reply
  • Catriona 31 December, 12:39 pm

    Angela, as you have pointed out, renewals are subject to cooling off just like first time policies. Secondly, you are correct, cooling off starts from receipt of documentation. Ask for this complaint to be escalated and for proof that the docs were issued to you and when.

    Reply
  • Steve 5 January, 10:50 am

    Catriona, thanks for the advice. The seller now threatens to charge interest on the unsold vehicle. He claims to be able to deduct this from the deposit and then persue any more through the courts until the vehicle is sold. Is this correct ? I can’t believe that he is allowed to keep moneies for no goods.

    Reply
  • Catriona 5 January, 7:23 pm

    Steve, it sounds like he is just being threatening. As I said unless provisions were outlined and agreed in the event that one of the parties was in breach, and unless he can prove significant consequences as a result of the failed sale (i.e. loss of income etc), then he won’t be able to claim anything else.

    Reply
  • James Kilday 7 January, 7:29 pm

    I signed a contract with Lancaster Printers for a advertisement in The Police federation Diary. There was no Cancellation Period and I was not left with any copy of the contract, but I did sign the box and after reading it it does clearly state that I do not have a right to cancel. Is that legal?.
    The company providing the services are in England and my business and the was contract was signed in Scotland, will this have any bearing?.

    I have informed them that due to financial conditions I wish to cancel and they have got a bit nasty.

    Comments Please

    James Kilday

    Reply
    • Tony 7 January, 11:48 pm

      Hi James, I am afraid this legislation does not apply to business-to-business transactions, so there is no cooling off unless it is stated in the contract.

      Reply
  • Clifford 12 January, 8:00 pm

    Hi
    I have just cancelled a contract with broadband supplier Plusnet within 7 days. They have a clause in the contract that prevents me from avoiding there £60 fee if I use the broadband service. The reason for my wishing to cancel was that when I did use it did not function as I wished and therefore was unsuitable for me.
    This seems to be an unfair clause and not in the spirit of the distance selling rules.
    regards to you all

    Reply
    • Catriona 12 January, 10:48 pm

      Clifford, You have the right to cancel distance selling contracts within 7 days, although if you begin using the service before the end of this period, you waive your rights to the cooling off. However, this info must be clearly presented to you before you agree. If it is not, it cannot be enforced. You are correct however, the spirit of the distance selling rules is to give you the opportunity of trying it out before acceptance. For this reason mobile phone companies say that if your use is less than 3 consecutive days, you will not be charged. For broadband providers, there may be an initial connection procedure which may incur costs on their part – the question is whether £60 is a fair reflection of this.

      Reply
  • Clifford 13 January, 2:14 pm

    Thanks for your quick reply Catriona. Perhaps there should be a campaign to bring broadband providers into line with mobile phone providers. It really is a nonsense that you cannot cancel a poor broadband experience just because you have used it briefly. It seems obvious that the reason for the cancellation is likely to be that you have not enjoyed the experience. As I understand the distance selling contracts even allow you to cancel even without reason.
    Are we in fact in a situation worse than the old Sale of Goods Act?

    Once again thanks for your helpful comments.

    Reply
  • Derek Thompson 23 January, 4:33 pm

    My inlaws have recently enterered into an agreement (about a week ago) to purchase a stair lift, they have handed over some £500.00 as a deposit and now want to cancel, what rights do they have?

    Reply
  • TomB 26 January, 5:20 pm

    I took out a contract with Three Mobile, purchased from Phones 4U in December for a mobile broadband “dongle”. I purchased an 18month contract for 1mb broadband at £10pcm. I plugged it it and it gave me nowhere near 1mb. I spoke to Three’s technical support in India at vast expense on two occaisions and they couldn’t fix the problem. I took the dongle back to Phones 4U on the 5th day after sighning the contract – two days after their cooling off period. They wouldn’t accept it, so I sent it with a letter to their head office, only to receive the dongle back wo days later with no explanation. I phoned them a few weeks later and they told me to speak to Three, which I did (again) and they refused to take notice of the fact that I live in central London, where one would expect mobile signals to be good-excellent and their product does not do what it advertised. I have refused to pay any bills and am now receiving threats from a debt collector. what can I do??

    Reply
  • David 27 January, 10:46 pm

    On Sunday 25th January, I ordered a replacement Kitchen from Wickes and having been told that my order could be cancelled ‘at any time without penalty’ I see from the 0% credit finance agreement (Black Horse) that the direct debit mandate indicates ‘non-cancelable’. Are you familiar with the ‘rules’ on this? my position on this is that I don’t want to cancel the order – I just want to pay in full using a credit card, to give me security if the supplier doesn’t (for any reason) deliver and install the goods. is there anything I can do to cancel the credit agreement?

    Reply
  • Catriona 28 January, 12:02 am

    Derek, I’m afraid there are no cooling off rights unless they bought it over the phone or via the internet. If there are no contractual clauses which allow for cancellation, they are legally committed to paying the full amount.

    Reply
  • Catriona 28 January, 12:32 am

    Tom, the cooling off period offered to you by Phones4U is to enable you to try the product out so if problems like this occur, you can let them know without being penalised. Having said this only 3 days does seem a bit short. You cannot simply stop making payments however, you are in breach of contract and Phones4U have the right to recover the outstanding sums. You have to go through the proper channels of dispute resolution. Ask Phones4U for their complaints procedure and request the problem be escalated to a dispute. If you find that this is unsatisfactory, you can go to Ofcom. See:
    http://www.ofcom.org.uk/consumeradvice/mobile/customer_services/

    Reply
  • Catriona 28 January, 12:59 am

    David, I’m not sure I understand, if you wanted to pay in full on credit card why did you sign up for a credit agreement? Unless you have entered into the agreement on a distance contract basis, there are no automatic cooling off rights with either sale of goods or credit agreements. However, if the contract states you can cancel your contract with the supplier without penalty, then the assumption if that any associated credit agreements will also be cancelled. Don’t forget that you can still invoke S.75 (equal liability) if you only paid the deposit by credit card. See the section on credit agreements:
    http://whatconsumer.co.uk/credit-agreements-explained/

    Reply
  • Zhanna Harris 28 January, 3:13 pm

    I though I have lost my P60 form, so I went online and bought one for £35, from http://www.payslipsp60.co.uk It looked ever so easy, just put the information through and they will send it within a day. So I have done just that, and then on the same day going again through my documents I have found my P60 the original, so that was within 2 hours of the last purchase. So I rushed to the phone to phone the company and to cancell, on what the lady on the phone told me that it is to late as it was already been sent. After some complaining they have offered me £15 refund by the end of the week, on what I have agreed. I paid on 22/10/2008, have tried emailing them, but there was no response. I have tried to scare them with legal proceedings. I dont really know what to do. I need some help.

    Reply
  • esther 30 January, 3:44 pm

    Hi,
    On saturday the 24th of January 2009, I ordered a sofa form DFS on credit but I told them I was not sure of the colour, so they gave me 7 days to come back and choose that colour. On Monday I phoned them to cancel the contract as I will be studying again and would not be able to afford it. They told me that it is legally binding, even though I have not chosen the colour. And they did not tell me that I would not be able to not cancel the contract.What are my rights please?

    Reply
  • Helen Warren 31 January, 9:28 am

    I recently ordered a bed from Bensons. I have paid £120 deposit on my debit card and signed a credit agreement with black horse to pay the balance by interest free credit over 2 years. At the time there were technical problems in the shop and I did not sign a contract, terms or conditions or a direct debit mandate to pay the balance. I rang the store a few days later requesting a refund of my deposit, but they refused to do this saying it was not company policy and I could not cancel my order. Where do I stand on this. Im not even sure the bed has been ordered as i have no delivery date, havent received any paperwork in the post, and havent even signed a direct debit mandate. Can I really not cancel my order??
    Any help/advice would be gratefully received. It has now been a week since I “ordered” the bed.

    Reply
  • Catriona 3 February, 10:56 pm

    Zhanna, You have no cooling off rights in this case because the item in question was made to your particular specification

    Reply
  • Catriona 3 February, 11:42 pm

    Esther, I’m afraid DFS are right – the sofa is made to order and therefore you don’t have a cooling off period. Having said this, they are probably being a bit harsh – if you haven’t chosen the colour, then they obviously haven’t sent the order through yet. Appeal to their good will, although they may want to charge you a cancellation fee.

    Reply
  • Catriona 3 February, 11:53 pm

    Helen, there is no cooling off period when you buy in a shop and the contract is legally binding from the moment contracts are concluded. However, even though nothing was signed, contracts were concluded verbally – which is just as legally biding (although harder to prove). Having said this, Bensons may find it hard to pursue you for the full amount if they have nothing in writing from you…?

    Reply
  • Ian Luya 5 February, 11:30 am

    I purchased a TV from Electrosaver (Bradford) 20 Dec 08 and was promised a delivery 5-10 days. Even allowing for Christmas on 15 Jan 09 I cancalled the order asking for a full refund. I was told 5 working days for this but have received nothing so far. Stupidly I paid by Debit card but what can I now do about this? Having done some research about the company there are many stories like mine and I’m determined that they will not get away with this.

    Reply
  • Catriona 9 February, 3:43 pm

    Ian, legally, the trader has 30 days to refund you. So you won’t be able to take any action until this time period has come to an end anyway. If the trader has become insolvent, you can request to be added to the list of creditors and may get some of your money back. If you paid with Visa Debit you can take advantage of chargeback.

    Reply
  • Ros 10 February, 12:28 am

    Signed a contract with Anglian Home Improvements for a Conservatory in Sept 2007, was told it was a standard contract but later found out salesman had lied about what we were getting once we started having problems with them and had someone check the contract we had signed. Problems ranged from delay in starting the job (nearly 5 months later) to no one supervising the builder in the 2 weeks he was here building the base. Loads of letters to and fro and loads of bullying and threats from Anglia so we eventually told them to come and build the conservatory but with the condition that it was a Brown on White which is what we had discussed with salesman and thought we were getting. (Contract sataes white) They then requested an extra £1500.00 for the brown one and we declined. Then they said would build the one we thought we were getting but now want 50% upfront because the finance side of ageement expired because of time limit which is 12 months. We do not want to continue with these people because they messed us around, lied, threatened and are not as proffessional as they say they are. They now taking us to court for breach of contract and say that we never gave them a date to come and install conservatory. We can’t afford solicitors so have to defend ourselves in court. Have you any advise as to how we can now have this agreement annulled – We have absolutely no confidence in the Company to honour the agreement. We are now in the process of going to county court over this – what defence could be used in this matter.

    Many thanks

    Reply
  • Hannah 16 February, 11:06 am

    I booked a holiday last tuesday with First Choice (through a travel agents), after finding out that the bank that we bank with is in trouble on the weekend we decided to cancel the holiday. We contacted the travel agents yesterday and they have told us that we will loose our deposit but surely we should have a 7 day cooling off period??

    is this right?

    Reply
  • Matt 16 February, 1:07 pm

    I have taken out a contract with a distance learning organisation and now wish to cancel. There is a cancellation policy in the contract but when I call I am simply told that I have no right to cancel and should contact Citizens Advice if I wish to take the matter further. They tell me that the cancellation policy contained within the contract only applies for ill health etc. I have received only a small proportion of her course material and obviously don’t wish to receive any more.
    Any advice?

    Reply
    • Adam 8 February, 2:12 pm

      Here’s some good advice Matt: think before you make agreements, and then honour them! Don’t mess other people around with your casual attitutde to buiness transactions and people trying to make a living!

      Finally, grow up. Any more advice given without charge for such cretinous requests.

      Reply
  • Catriona 18 February, 10:57 am

    Matt, the person you spoke to may have been misinformed. Ask to speak to someone more senior. Put the matter in writing and send recorded delivery as soon as possible so your request to cancel can be registered. Course materials are treated as goods, and as long as the contract was formed online or over the phone you have at least 7 days in which to cancel and claim a full refund. The only way in which this would be different is if some element of teaching or tutoring was involved and thus it became a service.

    Reply
  • Catriona 18 February, 11:03 am

    Hannah, cooling off only applies where you have made the booking online or over the phone.

    Reply
  • Linda Dunne 18 February, 2:20 pm

    Hi I got into a contract with npower through a third party and I beleive i have been mis-sold, i was told they were the cheapest in my area and that the cost of business usage, would not be coming down, both i have found to be untrue, i have since spoken to npower who have obtained a copy of the conversation, but it is only part of the conversation, where rates and terms and conditions were agreed, but nothing on the rest of the conversation, there is also a reference, as if he has spoken to me before, which he did but none of the above was ever discussed. can you please advise

    Reply
  • Catriona 18 February, 9:36 pm

    Ros, if it only County Court, then you don’t need solicitors to represent you, but you would be advised to get legal advice regards what evidence you should prepare. In the matter of the five months to start the work, if no timescale is stated in the contract, the assuption is that it will take place within reasonable time. It did not, so this is one of your statutory rights breached. Please refer to:
    http://whatconsumer.co.uk/what-about-contracts-for-services/
    For more on your statutory rights as regards services. And:
    http://whatconsumer.co.uk/making-a-small-claim/
    For information about the small claims court.

    Reply
  • Catriona 18 February, 10:01 pm

    Linda, Npower have recently been fined £1.8m due to mis-selling – so you are not alone, and complaints are taken very seriously. You should give Npower reasonable opportunity to resolve your complaint, if they do not, you can register a complaint via Consumer Focus (used to be Energy Watch)

    Reply
  • Sue 2 March, 4:12 pm

    I recently agreed to buy a car on the dealer’s premises but changed my mind the next day and cancelled in person. Have I got the right to cancel the agreement in this case?

    Reply
  • debbie 3 March, 4:43 am

    Wonder if anyone can help with this. I recently paid a month in advance for childcare at a day nursery. Having spent an afternoon at the nursery settling my child in, I do not want my child to attend. The application was made on line and I paid for a full month in advance by credit card. Would i be protected by the cooling off period? I did this 5 days ago? Their terms & conditions require a months notice for cancellations.

    Thanks in advance

    Reply
  • Catriona 3 March, 2:26 pm

    Sue, I’m afraid not. The agreement is legally binding, unless the dealer is prepared to let you out of it.

    Reply
  • Catriona 3 March, 3:01 pm

    Debbie, where you have paid for a service under distance selling and you start using the service before the end of the 7 days, you lose your cooling off rights. However, you must be informed of this, if you were not, the agreement may be legally unenforceable. See:
    http://whatconsumer.co.uk/mail-order-your-right-to-cancel/
    For further info on this.

    Reply
  • Rital 3 March, 8:18 pm

    Hi, I took out a car insurance policy through Prestige (a broker) on 17th Jan,I was sent a letter on 12th Feb stating the policy will have to be cancelled.

    When I contacted Prestige I was told I would incur cancellation charges if I left them, as I was cancelling after the 14 day period. I attempted to make the distinction that it was they who were cancelling (invalidating) my policy and not me cancelling it; with no luck I was left with no choice but to take out another policy through them, so as to avoid incurring any charges.

    Now I have my new policy and I’m within my 14 days cooling off period,I would like to leave (as I have found a better quote elsewhere). However, before I can leave Prestige are demanding I pay 40% (£470) (based on their short-period cancellation scale) of the premium on my first policy on top of days on cover which I know I’m obliged to pay on the second policy.

    Can they do that, especially as their t&Cs make no reference to what happens in situations where they cancel the contract?

    Reply
  • Catriona 5 March, 4:16 pm

    Rital, where the supplier withdraw from the contract they cannot make any undue charges on you, other than for the service you have incurred – in this case one month’s insurance cover. Remember they are in breach of contract not you, so if anything should be compensating you, but definitely not imposing any penalty on you! The 14 day cooling off applies to any new insurance cover, where organised at a distance, and any requirement for you to pay a fee to invoke this right is an unfair term and a breach of your statutory right. Challenge this fee, and threaten the financial ombudsmen if necessary.

    Reply
  • John 7 March, 1:11 pm

    On 28/2/2009 I bought a mattress from ‘Paul Simon’ (bed store).

    They had a 20% discount offer which they said ended on 1/3/2009 so I felt hurried into a purchase, though the offer was still running on 3/3/2009.

    On 3/3/2009 ‘Paul Simon’ refused to cancel the order. I have not taken delivery of it yet and wandered whether I could still cancel the order. I paid by credit card.

    Thanks.

    Reply
  • Catriona 9 March, 3:00 pm

    John, You cannot cancel a contract made in store, regardless of how you paid. However the company has broken the law by claiming an offer ended on a specific day when it was extended and hence putting you under undue pressure. You would need to contact the authorities regarding this, but it might work as a bargaining chip?
    See:
    http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/

    Reply
  • Malcolm Halsall 16 March, 8:31 pm

    My son came to our house to witness His signiture on a contract for £35000 for gymnasium equipment. 18 months later due to the cedit crunch the business as folded .My wife and i recieved a demand for the money and they are taking us to court .We recieved no copy of contract or our rights to cancel form the only time we heard from this firm was to demand money and threaten bankruptcy. My wife is 65 and disabled .I am 58 and been unemployed for 3 yrs .We have had nothing to do with any business. but we own our own house and ther is a lot of equity in the property .We feel we have conned.

    Reply
  • Catriona 20 March, 2:39 pm

    Malcolm, you have a 7 day cooling off period where the contracts are concluded away from the traders’ premises. If you have not been given the required information in this respect, the claim against you may be unenforceable. You can confirm this with a contract law specialist. Also ask the trader to provide you with a copy of the signed agreement – give them 7 days to produce it. There is no way your house is at risk as a result of this.

    Reply
  • Clifford 20 March, 2:45 pm

    Malcolm, did you just sign as a witness or did your signature guarantee the loan?

    Reply
    • Malcolm Halsall 25 March, 11:39 am

      Thank you for your reply. We were told our signature was only as a witness. The finance company asked us to to sign under his signature and his wife’s. Now 15 months later they say we are business partners. We can prove we had nothing to do with any business. So somebody has altered them.

      Reply
  • Catriona 26 March, 11:49 am

    Malcolm, the issue is not whether you have any involvement with the business, it’s whether you signed the agreement as a guarantor. If this was the case, your names and addresses should have been printed on the form and you should have been under no doubt that this was what you were doing when you signed.

    Reply
  • Anna Carlsson 2 April, 9:24 am

    Hi,

    What is a ‘reasonable’ cancellation charge during the cooling-off period when buying insurance? Swinton claims it would charge a £50 cancellation charge even during the first 14 days, presumably on top of their £15 service charge. Is this common practice?

    Thanks,
    Anna

    Reply
  • Catriona 2 April, 10:39 pm

    Anna, the law states that the amount charged must be proportionate to the extent of the service provided (including the service of arranging the cover) in comparison with the full coverage of the contract, and that it must not be regarded as a ‘penalty’. If you were not informed of this charge prior to taking out the policy it is not enforceable. I would say £50 is excessive and should be challenged. I should also point out that all of the above is only the case if you took out the policy by distance means.

    Reply
    • Laura 15 June, 12:57 pm

      Hi
      I have tried to cancel my policy with 1st Central car insurance but have been told I need to pay a £30 cancellation fee. I can’t see that I was informed of this before I took out the policy (this was done over the internet) and I am unable to obtain from this company proof that I did agree to this (although they say I must have).
      Do I have to pay the fee?

      Reply
  • paul 15 April, 10:03 pm

    I am a technical officer for a small business and assist with the design of disabled bathroom. Although I notify them of a 7 day cooling off period before works commence and they sign both this and the minor building works agreement. Is there anything I should consider in this respect?

    Reply
  • Simon 16 April, 11:26 am

    Hi,

    My mum recently purchased a car however she feels she was maybe pressured into it and having not driven it off the showroom yet wants to return it. Does she have a 14 day return policy on this or is she likely to be stuck with it now? Thanks

    Simon

    Reply
  • Catriona 16 April, 1:20 pm

    Paul, As long as you clearly advise that your clients waive their cooling off rights if the work begins within 7 days, you have fulfilled your obligations under distance selling. If you ask them to sign the form in agreement, then you have covered yourself adequately. If contracts are formed at the client’s home as a result of a call you have made (whether invited or cold call), the doorstep selling regs apply which are a little stricter on this and require a special format to be followed. See our section on doorstep selling for more.

    Reply
  • Lisa 17 April, 9:56 am

    On holiday in Thailand a couple of weeks ago, my boyfriend and I got embroiled in Holiday Club opportunity – having been invited to what we were told would be a 2 hour meeting which turned into 9 hours, under pressure we signed a contract for membership and paid out a £1500 deposit. On return to the UK, after proper review/consideration, we decided to cancel the contract and emailed the company to notify them of this and requested reimbursement of our deposit. We would welcome any advice you can give regarding our cooling off rights and getting out of the contract – bearing in mind the contract has absolutely no mention of a cooling off period, was signed in Thailand but the “address” of company ownership is British Virgin Islands…..the company are refusing to return the deposit. Any advice gratefully received. Thanks.

    Reply
    • Chris brown 29 January, 4:03 am

      Dear Lisa,

      We have also fallen for the same scam 2 days ago. Please can you let me know if you resolved the issue and what steps you took?

      Thanks for your help,

      Chris

      Reply
      • Adam 8 February, 2:27 pm

        Chris,

        It’s not a scam! They presented something to you, and you were foolish enough to sit there and believe it all! You were being greedy and thinking you were getting something for nothing. MORE FOOL YOU! It is cretins like you with money to burn that keep these companies going.

        Answer one question: what stopped you getting off your seat, and enjoying the holiday you had paid for and flown half way round the world for as oppose to listening to a salesperson for 9 hours?

        I’m afraid the English courts have better things to deal with than help out people who don’t help hthemselves.

        By the way, I’ve just inherited £9,347,191 from the fallen Prince Ushibanquack of Uganda, and half these funds can be yours if you would only give me your bank account details, mother’s maiden name, pin number etc etc.

  • Catriona 19 April, 9:55 am

    Simon, I’m afraid there is no cooling off period in this instance. However if you feel undue pressure was used, you could consider the new Unfair Trading Regs. See: http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/

    Reply
  • Catriona 19 April, 9:59 am

    Lisa, the rights mentioned above as regards cancellation only apply for companies registered in Europe – I doubt very much Commonwealth countries are included, but if they are and you were not shown your cooling off rights, the agreement may be unenforceable.

    Reply
  • Max 9 February, 10:34 pm

    I entered into an agreement for childcare services (starting on 22 Feb 2010) on 1 December 2009. The agreement contains a provision that I need to give 3 months notice or fees in lieu (which I have to admit I didn’t see). I informed the provider on 20 January that I need to cancel the place as I will be leaving the country. The childcare provider is now threatening to sue me for the full amount of fees in lieu of notice(totally £3300) even though no services were ever provided. The contract states that the full fees will be charged even if no services are provided. I believe that the 3 month notice period (or fees in lieu) constitute an unfair term under the Unfair terms in consumer contracts regulations and/or that it constitutes a penalty. The provider claims that the 3 month notice period is market standard and represent loss of income to her. However I have found 2 childcare centres within 10 mins walking distance who only have a 1 month’s notice cancellation period. The childcare provider is refusing to prove that 3 months notice is a reasonable pre-estimate of her loss. Do you think 3 months is likely to be an unfair term for the purposes of the UTCCR 1994?

    Reply
    • Tony 10 February, 12:25 am

      Hi Max,

      I am afraid that three-months is considered fair but it is right at the limit. I was caught out by a similar clause in a contract for Karate lessons for one of the kids. Sorry I know this is not what you want to hear.

      Tony

      Reply
  • Robert 11 February, 11:48 am

    I ordered BT vision, phone and broadband about a month ago. The modem and vision box arrived at different dates. Before the vision box arrived I rung BT up to cancel my order. They woman I spoke to told me to wait till I get the box, watch it and that I had 10 days to decide if I like it before deciding whether to cancel. When I rung up after only having the box for 5 days BT told me that the 10 days was only to send any faulty equipment back and I couldnt cancel now because everything had gone live. If I was told all this in the first place I would never have accepted the box, therefore everything wouldnt have gone live and I would have sent that and the modem back to them straight away. They have also not mentioned anything about a cooling off period to me which I thought by law they had to provide? Could you please tell me what I can do about this?
    Thanks, Robert.

    Reply
  • W L Baxter 13 February, 12:08 am

    We ordered items over the internet to Ideal World which the screen told us ‘due to error the order was not processed’ and as a result we re-sent the order, unfortunately when the confirmation e-mail came through it was found that the items had been ordered twice. We immediately got in contact with Ideal World by telephone and e-mail, but they said that the order could not be cancelled. They eventually cancelled 4 of the 5 items later that evening. The fifth item was recieved and immediately sent back over a week ago but no refund has yet been forthcoming and we have been advised that it will still take another 7-14 days even despite the delay since the original error being bought to their attention. Where do we stand legally?

    Reply
    • Tony 13 February, 3:23 pm

      They have 28 days to repay this from a legal perspective, although this sounds like forever nowadays.

      Reply
  • Kirsty 14 February, 9:12 pm

    we stupidly bought two holidays during a presentation by one of thoses companies that’is not’ a time share company. The contract we stupidly signed after being grossly misrepresented various holidays says that it is non-cancelable. The adress we met them at is not the adress that companies house have as their registered adress.Does that mean that we could say we could invoke our 7 day cancellation rights for items over £35.00 where business is taking place away from the trader’s HQ or shop? Although they say their office is the place where we met them, it did not seem to be a permanent office (plastic temporary banners with their name on it outside, thier logo stuck on top of other door signs etc). There is also on sign on the internet of it being a registered office although they claim it to be on the contract? Others have complained that they returned to the adress only to find that they were not there, although they clearly use it occaisionally to do promotional, one day only offers from. hope this is clear enough for a response!

    Reply
    • Tony 15 February, 2:39 pm

      So they are moving their office with them wherever they go – interesting. I think it might be worth giving Consumer Direct a call about this 08454 04 05 06

      Reply
  • Kirsty 15 February, 4:03 pm

    thanks and yes concumers direct are very helpful. there are so many problems with this contract that we stupidly signed whilst desperate to get away from the presentation I am prepared to hang on in all the way to small claims court, I just know that I will be pressurised by these people for a very long time! A lesson for others….read re read and read contracts again and never sign one under pressure.

    Reply
    • Tony 15 February, 4:06 pm

      It is easier said than done at that kind of event where they give you wine, use aggressive tactics and have over-excited plants in the audience rushing to sign-up… the odds are not stacked in your favour.

      Reply
  • Jane Ashwell-Carter 18 February, 11:19 am

    Hello

    I recently ordered a washer dryer through a mail order catalogue. It duly arrived and I plumbed it in and used it twice. Not only is it horrendously noisy and takes hours to do a cycle, everything that came out of it smells “toasted”.(I did two loads in it). I have contacted the catalogue and told them I wish to return it under the 7 days cooling off period. I do not want it replaced, it’s far too noisy and I need a machine I can use at night as I have a child with autism who can’t bear the sound of a washing machine. The customer services helpline say it cannot be returned as I have used it twice, so I wrote to them (within the 7 days) and requested they pick it up. They have just rung and said the same. Where do I stand? It’s now sitting here wrapped up awaiting collection and I am washing machine-less.

    Many thanks
    Jane

    Reply
    • Tony 19 February, 12:02 am

      Hi Jane,

      I am afraid they are right. The seven days is for inspection in the same way that you can inspect items in a shop. This includes turning things on but wouldn’t include using it twice. Sorry

      Tony

      Reply
  • Steven 21 February, 2:21 pm

    Hi Just sgined up for a new car which had faulits which has part of the verbal contract would be repaired the dealer has failed to fix these points do I have the write to cancel

    Steven

    Reply
  • Paddy 23 February, 6:14 pm

    Hi,

    Last October I put a deposit on a new car, 500 pounds. The salesman told me that the car will be no later than 12 weeks for delivery. I accepted this no problem. In January, 1 week before my car was due, the dealer phoned me up and told me there was a delay of another 4 MONTHS! and will not arrive until April. I am considering cancelling the order. When I checked my contract I then noticed that he had not put a date in the expected delivery date box. He did verbally tell me on many occassions. Could you tell me where I stand legally please. Am I entitled to my deposit back.

    Thanks very much.
    Paddy

    Reply
  • Carolina 24 February, 11:41 am

    Hi I’ve bought a return ticket over the phone with an airline company for May 2010. When I’ve checked the airline’s website the same journey costs £45 cheaper if I buy it via the internet. Can this be agrued and a refund receive. Or does the cooling off right apply.

    Many thanks
    Carolina

    Reply
    • Tony 26 February, 1:22 am

      There is no cooling off for flight bookings and prices change all the time. Sometimes you win sometimes you lose.

      Reply
  • Gemma 1 March, 11:51 am

    Hi,

    I bought a new mobile phone and signed up to a 24 month contract through phone4u in store and the day after purchase realised the phone was not for me. I returned to the store and requested to return the phone and cancel the contract at which time I was told phone4u do not operate a 14 day cooling off period for which they have a notice displayed in store however I was not told this at the time of purchase. The contract was signed 24th Feb.

    Thanks

    Reply
  • Dave 2 March, 9:12 pm

    I bought a car 3 months ago i have found out it has a problem with the fuel tank and fuel gauge, i made the independant dealer aware of the problem about 3 weeks after buying it and have proof from the RAC of the problem dated a week after buying it, the dealer said to get it fixed i’d need to take it back to north wales for him to fix it when i live in leeds making it a big inconvieience to take it there. Where do i stand three months down the line in getting the dealer to pay for the repairs? and do i have to take it all the way to Wales.
    Thanks,
    Dave

    Reply
  • Aimee 2 March, 9:28 pm

    I joined a gym 14 days ago and now i want to cancel, i have not used the gym at all. Also they have signed me up for 12 months when i only agreed to 6 months further to this i felt coerced into 6 months when i went in asking only about a 3 month membership. I have signed the 12 month contract without looking at it properly, i can see now it’s for 12 months rather than 6months. I want to cancel but where do i stand?

    Thank you,
    Aimee

    Reply
    • Tony 2 March, 11:19 pm

      Aimee, there are no automatic cooling off periods for gym contracts. There are, however, a lot of complaints about unfair trading and unfair terms. I would report them to your local Trading Standards office.

      Reply
  • Darwin 3 March, 10:14 pm

    I agreed to do a debt consolidation over the phone based upon being told that there would only be a $49.95 monthly service fee until paid. Then I was contacted by someone else in the company and asked to go over some electronic documents and they electronically signed them for me. On the first page was the agreed $49.95 charge. I did not notice on page 2 that they were also charging $2040 dollar. I was not aware of this until I received a statement from the bank that was doing the auto withdrawl that 95% of that was going to the debt consolidation company. I was sent a welcome package, with no notice of right to cancel and they have not performed any service for me at this point and I have not received anything from them after a welcome package.
    I agreed to this service 12/29 and the first withdrawl was made 1/12 and another 2/12 and I received the statement dated 2/15/10.
    Do I have a small claims action against them for the return of my money they collected?

    Reply
  • Alice 22 March, 4:53 pm

    Help please, I was phoned by Churchwood Financial regarding consolidating my debts, after a lengthy phone call, I thought the £100 fee was reasonable for the agreement that would ease my financial situation, so i gave my debit card details over the phone,for that payment to go out of my account three weeks later, plenty of time for me to read through the paperwork. Once the paperwork came through, I saw that 40% of my monthly payment was commission to Churchwood Financial, I had not been told this on the phone. I threw the paperwork away and was confident that the £100 would not go out of my account as it was on a debit card that expired end of Feb and the fee was due on 1st March. I have not signed anything and I have not given details of my creditors e.g. a/c numbers etc. so no further action could have been taken.

    I am now trying to get the £100 initial fee back from Churchwood financial as I was not told about the monthly commission and informed them I did not want to continue with the agreement. I did not do this within 7 days as I was not expecting my fee to be taken. I have not signed anything, how can they take my fee when i have not authorised the agreement by signing it? and further, have not given them any details to continue with contacting my creditors?
    I am really angry and feel conned.

    Reply
  • Vania Coulthard 23 March, 4:41 am

    I hope someone will be able to give me some advice please. I ordered a bed frame and mattress from an online merchant on 9th March. The delivery for the bed was going to take 3 – 4 weeks and they were going to deliver them together. When I rang delivery information last week, they said a mistake had been made with the bed frame order and it would be a further 3 – 4 weeks: I could cancel the whole order and receive a full refund, cancel just the bed and have the mattress delivered this week or wait. I cancelled the bed frame only as they said the mattress would be delivered this week Full refund for the frame received. They didn’t ring to make arrangements for this on Thursday or Friday last week, so I rang this morning. I was told that the mattress couldn’t be delivered this week, maybe not even next week. I said that this was unacceptable and asked for a refund. They refused and said that I couldn’t cancel, then that they would refund less a 20% admin fee and that the mattress was made to order. I rang the OFT who said that they couldn’t do this, so I phoned them back and they are still insistent. The mattress is a standard king size, available on many websites and in stores it was not made to any personal specifications.
    I have cancelled the order anyway on principle and informed them that I will pursue any monies outstanding. Whilst on the phone, I pointed out that the mattress couldn’t possibly have been made to personal specifications as I had not given them any and that as it was offered as a next day delivery bed on their site, the manufacturers would have to go to extraordinary lengths to make a bespoke bed and deliver it within 24 hours.

    My problem is that according the the Distance Selling Regulations, I can cancel up to seven days after delivery and get a full refund (except for returning delivered goods, which doesn’t apply in my case) and the exemption doesn’t apply as it wasn’t a bespoke mattress and they aren’t allowed to charge admin fees. There has never been any mention of an admin fee to me and it wasn’t on their website before.

    I looked tonight and they have taken the mattress off next day delivery and added a paragraph about the 20% charge for made to order beds.

    These are my burning questions:

    Does their cancellation policy supercede the Distance Selling Regulations, or vice versa? Surely,the DSR would take precedence as it would be pointless having these regulations if sellers can simply ignore them?
    They say the mattress is made to order as they phone the manufacturer and order it, but it must be ready made as they would not be able to offer next day delivery on it – if I haven’t asked for non-standard size or specification, there is nothing personalized about it and it can be resold as a standard mattress, can they still say it’s custom made?

    I am prepared to go to small claims court, purely because I believe that what they are doing is wrong and they were very sarcastic and aggressive on the phone, but I don’t want to do so if there is a chance they’ll get away with it or their policy takes precedence over DSR.

    I would be really grateful for some advice – many thanks!

    Reply
  • tom jordan 24 March, 11:44 pm

    I tried 2 frame sizes of offered bikes not the exact model I wanted. The chap checked the supplier website and found my size (the smallest) had no stock. He offered to phone on the Monday and when he rang said he had located one and could i give a credit card deposit.
    Looking at the website this frame may not be my correct size.
    When i go in can i cancel if not happy under 7 day cooling off, or would it be ‘goods made to a personal specification?
    I am also concerned he said in the shop there could be up to 15% discount off RRP and this offer may disappear.

    Reply
  • daz 27 March, 9:55 pm

    Hi,can any one reccomend what i should do,I recently agreed to join a a local gym i went down with intention to join myself and my wife as a present for her,the owner spent a long time telling me of the benefits of the gym even though i had indicated i had only limited time,we eventually got the paper work signed at no point did he mention it was a credit agreement he called it paper work so my bank could pay the gym,at this point i felt obliged to sign it as he had spent along time with me. after leaving and giving it some consideration i called the gym and said due to cost i wanted to cancel my membership and but not my wifes, the gym owner said he still had the paperwork on his desk, but i would need to sign a some new paperwork for the bank, i never returned as i felt as though i had been bullied into this. now i have a credit agency chasing me for the money. i have never been back to the gym the gym has given me no coaching or advice and i h

    Reply
  • daz 27 March, 10:08 pm

    Hi,can any one reccomend what i should do,I recently agreed to join a local gym i went down with intention to join myself and my wife as a present for her,the owner spent a long time telling me of the benefits of the gym even though i had indicated i had only limited time,we eventually got the paper work out and i signed it ,at no point did he mention it was a credit agreement he called it paper work so my bank could pay the gym,at this point i felt obliged to sign it as he had spent along time with me. after leaving and giving it some consideration i called the gym and said due to cost i wanted to cancel my membership ,but not my wifes, the gym owner said he still had the paperwork on his desk, but i would need to sign some new paperwork for the bank, i never returned as i felt as though i had been bullied into this. now i have a credit agency chasing me for the money. i have never been back to the gym, the gym has given me no coaching or advice and i have not used any of their equipment,i wrote to the credit agency explaining the situation and asked for the agreement to be terminated they have declined.but insist i pay £190 to bring my account up to date and they insist i still join the gym, they have not said what the money is for. furthermore i was not given a copy of the agreement i had signed at the gym. am i obliged to pay them even tho i have had nothing from them?the credit agency have stated in their latest letter that the gym owner has tried to contact me but to no avail.it amazes me that he was able to contact me prior to me signing but not since .he has my work my mobile phone no’s and my work and home address.what would you reccomned i do in this instance.
    Darren.

    Reply
  • Anna 30 March, 7:27 pm

    Hi all,

    Any advice greatly received!

    On 9th March i placed an order for talk, surf and watch (18 month contract). Tv the last of the services went live today and i was very disappointed to discover that the sports available were only available 2-5 hours after the live events have finished (in my opinion complete waste of time)! I have phoned BT to cancel and have been informed unless i was mis-sold the service i would be liable for the term of the contract – whole 18 months even though i called straight away! Can this be right? Am i not entitled to a cooling off period?

    Thanks

    Reply
  • Rachael 5 April, 12:30 pm

    Hi, I set up a mobile phone contract, I have received the mobile phone and sim card and set them up to use, the phone has frozen a few times in the few days that I have had it. I’m still within the 7 day cancellation period. Seeing as I have used the sim card the company are now saying that the contract can’t be cancelled, is this right?

    Thanks

    Rachael

    Reply
  • suzanne scott 11 April, 10:46 pm

    Hi there

    I bought a kitchen (cash up front) two weeks ago, nothing was signed as i paid there and then. My partner signed when goods where delivered one week later.

    Reply
  • suzanne scott 11 April, 10:49 pm

    Hi there

    I bought a kitchen (cash up front) two weeks ago, nothing was signed as i paid there and then. My partner signed when goods where delivered one week later. Today one week on I had a joiner into loom at kitchen, which he’s not happy with, no holes and of rhinges which should have been there and all round where not happy becuase kitchen should have been in and all. I still have half the kitchen to come at end of month but im now thinking of returning most. When i bought kithcen it didnt come with return detail and recpeit does not have them ether. I only found one sentence that says, any descepences should be noticied withion 48 hours.

    Will i be able to return ?

    Reply
  • Lynn 17 April, 8:52 pm

    Hi All,

    Stupidly signed up for a holiday club today having attended a presentation by Destinations Unlimited at Creech Castle (I’m unsure if this is their place of business, but the parent company Mezoic is registered in Exeter).
    Signed a contract for £2995 for 35 months and paid by cheque. upon returning home did some research and have not found any reviews anywhere of people saying they have been on these holidays.
    Now wish to cancel. Do I have a cooling off period? I believe these guys are away from their business premises and I was not informed of the doorstep selling regs or right to cancel. In fact their contract says I have no right to cancel. Is this enforceable? At least for the time being I can cancel the cheque.

    Any advice would be most welcome.
    Lynn

    Reply
  • Alex Gibbin 19 April, 12:12 pm

    Can someone help?!

    I bought a sofa from DFS and at the time although I did sign paperwork, they didn’t actually give me a copy of the paperwork and stated they would send them out in the post the following day. I have no idea what the monthly payments are (just guessing though, it will ne the cost of the sofa divided by 12 months).

    I want to cancel, because I have received a letter from Santander with the payments higher than I expectyed (plus, I have since seen DFS sofa’s that are only a few months old and the quality is very poor – plus people all over the internet complaining of poor quality as well…).

    Do I have any rights to cancel? Especially in light of the fact that I do not know the t&c’s as they were withheld from me taking them from the store at the time? Also, I did call into the show the following day and they still didn’t have them, saying they would post them out (FYI, the reason they needed to withhold them is because I had to fill in the finance form without the actualy figures in, some problem with the discount).

    Thanks,

    Alex.

    Reply
  • Lisa 29 April, 2:01 pm

    My car insurance runs out on May 6th and I am getting a new car on 1st June so it isn’t worth re-insuring my current car for less than a month as temporary insurance is so expensive. If I let my current insurance company renew my policy will I just have to let them know by phone after 14 days ie May 20th, that I want to cancel or will this have to be in writing? This way I avoid expensive temporary insurance and will only have to make alternative arrangements for transport for ten days or so. Will the 14 days run from the renewal date or the day I receive renewal documents in the post?

    Reply
  • joanne hawkins 4 May, 1:15 pm

    i have booked a holiday through icelolly,i have spoken to the travel agent directly and booked a holiday for jul/aug i have only paid the deposit so far and the rest is due by the end of the week, i’ve been reading some reviews on the internet about the travel agents and they haven’t been great so im a bit concerned. They have sent me 3 incorrect flight confirmations so far and i m still waiting on the correct one if i cancelled this booking would i lose my deposit (i have already asked one of the consultants and they said that i would lose the deposit as they have done nothing wrong?? – this was before they sent out 3 incorrect confirmations)can you please advise me ASAP.

    many thanks

    Reply
  • Liz 4 May, 2:30 pm

    Just bought car insurance through an internet search site (because it was a bank holiday). But discovered the next day that cancelling the last 5 months of my old car’s insurance gave me nearly nothing back. I asked about switching it over and cancelling the new one (using my cooling off period) since both policies were with the same insurance company – Swinton. However I have been informed that discounts provided through the internet can be reclaimed when a policy is cancelled, I would only recive back £165 back on a policy which cost me £225 yesterday…… Does this sound right?
    Either way I be paying at least £85 for my one day of insurance – to allow me the chance to legally drive into work!

    Reply
  • Bryony 6 May, 1:40 am

    I put an £80 deposit down for a car that i was aware was a category d write off at around 8pm yesterday, today i found out that my insurance company wouldn’t insure me for it so i obviously can’t buy it. this was at around 4pm today. the man i was buying it off refuses to give me my money back. Can he do this?

    Reply
  • austin 8 May, 2:25 pm

    Hi sir, I have purchased ticket for my family ,from a travel agent and paid the full amount and they send me an e-ticket with wrong date of departure and asking me £1000 for changing the date .Could you help me to get my money back or get me the right date to travel.pls help me.

    Reply
  • daniel 12 May, 6:00 pm

    i bought a second hand car from a dealer 2 weeks ago, upon driving the car an electrical fault has appeared; the radio turns off and the headlamps dim intermittently when other electrical parts of the car are used such as indicators,windscreen wipers, elec windows and even sometimes when i brake. i took the car back once for them to fix it and they said they had, 2 minutes out of the forecourt the problem was still there. i had to use the car to get to a funeral so called and reported the fault still there and that id need to return the car again to which they agreed. although when the mechanic/salesman drove it they said they couldnt replicate the problem.
    when i dropped the car off i said that they can have the car for an entire week and if the fault was still there id want a refund, ive since had the salesman on the phone verbally abusing me in regards my ‘attitude’ of when i dropped the car off. so firstly how do i stand with the statement i made of a week to fix or a refund and secondly how do i go about reporting the salesman for the abusive call?
    many thanks

    Reply
  • joseph Cheri 14 May, 1:53 am

    hai,
    i purchased a mobile charger from a three shop.
    i found it was not working / charging properly.
    i also found that the product is from China and its exeeding in the Amps..
    i returened the charger to the shop within 3 days and he refused to cancell the purchase and he gave me a other peice.tellin me its the way it works here.

    My question :- as per the law if i dont need the charger is the shop should return the product,if its with in 10days.

    Thx

    JJ

    Reply
  • Karl 8 June, 6:02 pm

    Hi, I visited a furniture store on saturday & saw a dining table I liked & said I would go away & think about it as i was unsure as to it’s suitability. I rang them later in the day & ordered the table & paid over the phone by credit card. A few days later I decided that I had made a mistake & rang the shop on the Tuesday morning & asked to cancel the order. The shop has refused saying that they have already placed the order with the Italian supplier. Where do I stand as i am sure they have sufficient time to cancel with the supplier. I have not seen their terms & conditions yet to see if they have a cooling off period.

    Reply
    • Adam 31 October, 1:44 pm

      Why should this firm or their supplier cancel the contract just because you have decided to change your mind? Do not enter into contracts unless you agree to be bound by them.

      Reply
  • Sandy 17 June, 1:02 pm

    I recently purchased a DVD boxset. I unwrapped it, but then decided to send it back (it hasn’t been watched etc) within the 7 days. The company is deducting a 20% repacking fee – are they allowed to do this?

    Reply
    • Adam 31 October, 1:41 pm

      Do you really require an answer to this question? I’m surprised they have agreed to take the item back at all. Why unwrap it if you have no intention to keep it?

      Reply
  • Danny 19 June, 9:18 pm

    Hello I was wondering if someone could help me.
    12 months ago I received a quote from a company for 2 new windows and some p.v.c cladding for my home. The man who came to my house, who owns the company, wrote out a quote for the work and told me that the price of the quote was for 12 months only. I told him I didn’t want to commit myself to having any work done because I was just finding out how much it would cost. He then filled out a form with the details of the work I’d requested a quote for and told me if I signed it and decided I wanted the work doing to just call him and that price would stand. If I decided I didn’t want the work doing in the next 12 months then we could just rip it up and forget about it. He wrote on the form : Valid for 12 months only otherwise contract void. After receiving a few more quotes from different companies I decided I no longer wanted any work doing and just forgot about it. Yesterday this man called me and I informed him that I had decided not to have any work done. He told me that what I signed was legally binding and I had to have the work done or I owed him the money and would sue me. Does anyone please know where I stand in this situation. Thank you very much.

    Reply
  • sus 6 July, 12:45 pm

    i bought some trousers to wear on honeymoon but tried them on and showed my husband, he really didnt like them and so I am unlikely to wear them. I would like to take them back for a credit note but I notice that it only offers this within 14 days, has this changed as it used to be 28?

    Reply
  • Michael 19 July, 2:56 pm

    When I purchased a computer from PC World, I was pressed by some of the sales staff to sign to a repair insurance product (at a monthly cost on direct debit) which I didn’t want.

    They offered me a few discounts and free delivery from my purchases if I took it up, and explained I could cancel at any time, including a 14 day cool-off period that would avoid any charge at all. So I agreed.

    I want to use the cool-off period to get rid of this product before the window closes. When cancelling, do I have to provide (dream up) a reason that the company (or consumer law) finds satisfactory before they allow me to leave? are there any questions asked when you want to cool-off?

    Reply
    • petra 25 October, 1:33 pm

      hi micheal (i work at pcworld) the inaurance you are talking of would be the ‘whatevers happens’ policy- all you need to do is contact your bank to stop the payment, and phone the number on the whatever happens leaflet you have the right to cancel it.

      Reply
  • Julie 20 July, 9:14 pm

    I’ve just had to renew my car insurance, and think have gone with the wrong company so wanted to cancel it but they want £50! I don’t think this is a ‘reasonable’ amount, and my new policy not even started yet and am within 7 days cooling off period, so wondered if anyone knew if have to pay as £50 seems alot. Thanks

    Reply
  • Marylee Arent 8 August, 3:07 pm

    Awesome Website! Personally I love my old carpet runner. It’s a very good first impression to friends visiting to my house. And they are very soft to walk on! Never again do I have to experience the pain of walking on arctic cold stairs in the morning. It also tones down the noise produced from walking on it! I extremely suggest everyone to get one! It’s as well a perfect safety addition to your home. Believe me, falling on a stair with a carpet runner is much more fun than falling on one without any!

    Reply
  • Viv 11 August, 11:54 am

    I agreed to a BT land line connection at my address and now don’t need this, do I have a cooling off period as they are now saying I’m tied into the contract for 12 months?
    I’m advising them 4 days after the connection that I no longer require it…

    Reply
  • John Hampson 16 August, 2:26 pm

    Hello, I wonder if you can give me some advice!
    Approx. mid july I received A phone call from a female sales person selling maintenance agreements for the repiar of Sky digital satellite boxes. I agreed verbally to enter into an agreement on the understanding that I could cancel it at any time I desired to do so. I fully expected to receive confirmation in writing by post at which point(after thinking about the matter after the phone conversation)I decided I would cancel. About week had elapsed and I had not received any paperwortk. I checked my bank account and found that the direct debit had been registered which I immediately cancelled.
    On 11th august 2010 I received a phone call from a man from the Company involved complaining that I had cancelled the direct debit.
    I stated that I was entitled to a ‘cooling off period from 7 days of written details. He said that I did not and that it was a binding contract for a period of 12monts.
    I disputed this as I had specifically asked the female salesperson if I could cancel at anytime. I asked this before verbally agreeing.
    I posted a letter to them on 12th August 2010 informing them of my decision to cancel under the distant selling laws.
    Today,(16/08/2010) I have receive documents from them which purport to be a contract. On the document itself there is no written term nor prices stated. They have included a list of terms and conditions which state amogst other things that an oral agreement is legally binding but as I understand it the distant selling laws give a 7 day cooling off period ftom receipt of written details.
    This agreement was due to come into force with effect from 1st August 2010. At that time I had no written details nor any contact information from this Company.
    I would appreciate your help

    Reply
  • Chris 18 August, 8:05 am

    Hi, My daughter booked a wedding reception at an hotel and paid over £1000 deposit, there is no documentation only a reciept for the cash. We need to cancel, whats the best angle for a refund. thanks Chirs

    Reply
  • Marie 19 August, 11:45 pm

    I bought a corner sofa (£1600) on 4 years interest free credit from DFS on Sunday 8th August. Within the next 24 hours my 17 yr marriage collapsed & then I felt I had to cancel. Monday 9th I emailed customer services & response was they have a non cancellation policy (not mentioned bfore).
    Contacting the store salesman the same day I was advised to wait 7 days he would get back to me. He didn’t & I have been told today that I would have to take the sofa.
    I have stated to them on 09th August that if they force me to purchase it then they are irresponsible lenders as I cannot make any payments, cannot accept delivery & do not know where I will be living at the point of delivery due to my new circumstances. Hope you can advise me of my next step? Is there anything I can do? Marie

    Reply
  • John Hampson 20 August, 2:34 am

    good news.received a letter today acknowledging my right to cancel.yesterday they were asking for £25.00 cancellation fee. I succeeded entirely due to information learned on this site.

    Reply
  • amie 11 September, 11:12 pm

    I recently ordered a sofa from DFS over the phone. I have just recived the credit agreement form and details of the sofa. I haven’t signed anything yet, but have just realised its not to the right specification and won’t fit. It’s my fault for not checking, I ordered it 6 days ago. Could anyone tell me what rights I have as I need to cancel it and it is £1750

    Reply
  • Brian 14 September, 12:53 am

    My wife went into Phones4U and explained she was due an upgrade and was interested in the Iphone. The sales insultant then issued her with a brand new Iphone and even managed to talk her into getting insurance. When she got the phone home and contacted the airtime provider to transfer her number they informed her the retailer had connected her as a new customer and not an upgrade, therefor she would have to pay both line rentals until the end of the first contract and that she could not transfer her number for 3 months. When she contacted Phones4U within an hour of leaving the shop she was told not to worry they would sort it out the next day. The next day the sales insultant rang and she was told “YOU DIDN’T ASK FOR AN UPGRADE” and referred her to head office. Head office was contacted and after wasting a few hours they said the same thing, there was nothing we could do…….. We have contacted orange and they rightly advise the contract is with Phones4U and they cannot get involved.
    Please advise as to what if anything we can do.

    Reply
  • Tony 21 September, 6:45 pm

    I phoned up Virgin Media to order broadband. I agreed for it to be installed on the 15th August 2010 and they initially offered me my contract for £32.44 a month for broadband and my phone package. I asked if there was an extra discount because I was a Virgin Mobile customer and was told I could have the package for £30 a month. As it transpired, they installed on the day AFTER the date I agreed and sent me a contract for £32.44 a month. When I rang up to complain they first said my original call (when I was made the £30 offer) wasn’t recorded and then on a later call they said that I would need to write to head office to get the call listened to. I wrote to Virgin H.O. and a guy called me and said they couldn’t find the call but they were prepared to honour the £30 offer but only for the first 12 months because they might have a better retention deal for me after that time. I said this wasn’t what I’d agreed verbally and I would go back to consumer direct. The Virgin guy said he’d phone back the next day. As it turns out, they didn’t phone back. Consumer direct, meanwhile, advised me to write again stating exactly what I had been offered and what I wanted to happen. I wrote to Virgin suggesting that they offer me my contract for £30/ month and then review the situation so that if a better ‘retention deal’ arose they would offer me that. The next thing I get is a reply from Virgin saying that as they ‘can see no notes’ (notice they’re not denying that something might have been offered verbally) about what I was offered, they can only offer me a contract for £32.44/ month. Apparently the left-hand doesn’t speak to the right at Virgin H.O. since they are unaware that they have already offered me the contract for £30/ month. Don’t they have a verbal contract with me of any kind?

    Reply
  • Peter Swinhoe 23 September, 10:31 am

    I recently purchased a 4ft divan bed from Paul Simon bed stores. On arrival and unpacking both the base and the mattress were damp and the mattress was marked and holed at one end. The base exceeded 4ft by 1/2″ and therefore would not fit the space between the fitted bedroom furniture where it was required to go.

    On contacting the store and explaining the problems they have stated that I cannot cancel the contract as they will replace the mattress and the base was within their manufacturing tolerances.

    I was not made aware of any manufacturing tolerances, if I was I would not have proceeded with this order. I am also concerned that any replacements will also be damp.

    What is my legal position for cancelling this contract?

    Reply
  • Chris 25 September, 12:35 pm

    I got an invoice for an advert placement (was discussed over the phone) where it says:

    Please Note: All orders are subject to a 7 day cooling off period.

    I take it I have a right to cancel this verbal contract?

    Reply
  • chelle 3 October, 9:17 pm

    i phoned a car dealer today to buy a car i had seen in their showroom, the one i was after had been sold however i had looked at another so when he phoned me back i made an agreement to purchase a different one. i paid a deposit on my card. however looking at it i now realise that it wasnt the same one that i had looked at in the showroom. does this come under the distance selling rules??

    Reply
  • Claire 20 October, 1:23 pm

    My parents have purchased 3! fitted bedrooms from the same company within their own home.
    They have paid a deposit, survey fee which totals nearly £4500 but the company have demanded the final payment before delivery of any furniture or fitting.
    They were also offered 0% finance but they wanted to pay in one go as they are elderly.
    Do they have a right to withhold some money to see that the goods are delivered and fitted to their standard?
    Can they have a 14 day cooling off period with signing the contract away from the premises?

    Reply
  • lisa 21 October, 9:41 pm

    Hi, was wondering if someone could help me i have booked a hen party package through a specialised company through the internet and a week and a half ago and didnt realise that we would only have a week for everyone to pay the full balance so people have dropped out right left and centre so only 3 people have paid online the full £110 each. I have tried to cancel the hen night as there is just not enough time for people to come up with this money and check they will have the time off etc. However, they are refusing to give any of the money back at all and cannot do the actual activity planned for the day as there needed to be a min of 10 they are saying! (for a dance lesson!). I am willing to pay the £50 deposit we paid to reserve it but want the girls to get the rest of the money back. Are we entitled to anything back please help!!

    Reply
  • petra 25 October, 1:37 pm

    hi can anybody help, i bought a matteress on the 14th of this month, it was delievered three days ago. its awful soo uncomfy and id like to swap it for another one, rang the shop who said once its been unwrapped i cant take it back, we had it delievered and the delivery man took the wrapping of,? do i have a consumer right to be able to take it back?

    Reply
  • ann mcdowell 28 October, 1:21 pm

    I have entered into a Legal Agreement for Medical Negligence agreement which I was put under extreme pressure to do so can any one advise me the cooling of period for this agreement

    Reply
  • joshua 3 November, 12:06 pm

    Hi I was looking for advice, regarding a Creation Consumer Credit agreement, which was buy now pay later for a sofa, i sent them the cheque and they did not cash this, they then asked for the whole balance and refused to accept any reduced payments as the total increased from 1200 to 3900, I believe this is unfair as the agreement also had no cancellation rights under the CCA 1974.

    I have been to court and their claim was originally struck out, for failure to follow court procedure, their solicitors have now issued a second default notice on the same claim and made another claim in court…………is this alloowed and can they do this is law – they originaly sent a defective Default notice, and terminated the account and refused repayments options – to progress the matter through court to get a repossesion order – I am at my eits end with this company and its legal advisors

    Reply
    • Adam 9 February, 10:27 am

      Joshua,

      You have obviously not been paying for these goods for some time as the firm would not issue a notice of default after one missed payment as you claim.

      Why don’t you just pay them what they are owed and save yourself all the court costs and interest as you clearly owe this money. Nobody here is going to help you get a sofa for free, so pay the money and if not then the company quite rightly want there goods back.

      Really, what a farce.

      Reply
  • suzanne 9 November, 2:00 pm

    I visited a dental practise on sat 6th nov, paid a consultation fee, which was fine – I was going to go ahead with whitening, and paid in advance for this treatment(which most people dont do, they pay on the day for the whitening) anyway, on the monday 8th November (the next working day) i contacted them to say i never wanted to go ahead with the treatment and it would have been impossible for them to even make the trays within the hour of me leaving on the sat – as they had to be sent off, 1 girl said i wasnt entitled to a refund £400!!!! the other said i may have to pay £50.00 cancellation fee – im still non the wiser of how much i have to pay as the lady is not in till wednesday! so im having to wait, am i entitled to a refund? seeing as i havent had any treatment and contacted them the next day im sure i am

    Reply
  • matt 16 November, 6:33 pm

    thing is guys, ensure you really need/ want something before you order it. how can you spend 2k on a sofa without checking it will fit? dont let these phone place rip you off, if you wanted and upgrade but they gave you a new contrat, they have not given you the service you wanted and asked for, so go back and refuse to leave the shiop until they cancel the contract or get the police to remove you. grow some backbone and stand up for yourself. did you go in to the shop and he said “im sorry but as i messed up you now have 2 phones and pay twice as much as you should”, screw that sort it out!!!!!

    Reply
  • nido97 23 November, 6:41 pm

    Hi,
    i placed an order for a personalized laptop on a local company’s website, paid thru visa debit card and payment was processed thru paypoint. company was not able to deliver on the given eta, so they gave me the option to cancel the order…which i did. I was told my refund will be processed, but i never got my money back. I’ve been sending them reminders…they told me (twice) that they have processed the refund, but both times they just gave me the wrong confirmation and nothing such was done.
    now its has been almost 6 weeks since i canceled the order, and they are no longer responding to my emails. what should i do? what are my rights?
    i tried chargeback as well but was told that as payment was thru paypoint so it cant be done.
    thanks…

    Reply
  • David Mannion 26 November, 11:18 am

    I have recently bought a car from an indepedent car garage 23 days ago, the car had been running fine, i parked it up the other night and I went out in the morning to tried to start it, it wouldnt start, I also got it taking to a garage he wasnt sure what was wrong with, but is indicating that might be my timig chain or coil sensor,they are saying it could cost me thousands of pounds to get it fixed

    Do i have any come back in a legal sense?

    Reply
  • Mr Querty 7 December, 10:19 pm

    When invoking your 7 day cancellation opportunity which reg covers it when ‘Buying away from the trader’s normal place of business.’. Contract was offered at home but concluded at later date over phone and confirmed to said company by mail.

    Reply
  • Anna Downing 14 December, 2:19 pm

    I bought pet insurance, which then went up in price so I called the company and they started my insurance again at the original price. Then my cat got sick but they wouldn’t cover me as I was apparently in the ‘cooling off period’. Since I was paying for the insurance for that period, surely I should be covered? Why would they charge me for the insurance for those 14 days then not cover me? Am I in the right?

    I’d really appreciate anyone’s advice.

    Thanks.

    Reply
  • moralee 21 December, 9:19 pm

    paid restraunt for xmas party restraunt cancelled booking due to weather am i entitled to full refund

    Reply
  • Rob 22 December, 7:50 pm

    I’m a company director. One of my employees has gone to great lengths to make a financial saving on our waste disposal contract. She’s shopped around, invited a company in to our offices, negotiated a great rate, signed the contract, then presented me with the good news! However, having studied the existing contractors contract, it would appear that we are tied in with them for another 12 months.. so we now have 2 contracts running side by side! The new contract was only signed about 10 days ago and there is no mention of cooling of periods. Please can you tell me if we have a statutory right to one?

    Reply
  • Dev 5 January, 5:48 pm

    Hi,

    I signed a contract to join a Gym. On the next day, I was told by my manager, that i may have to go to another country on deputation.
    I immediately called up the sale person of gym and told about this new development and asked him to cancel the contract.
    He says that the order is already processed and he doesnt have the authority to cancel it.
    I have not used the facility even for a single day. Can they cancel off my contract? Please comment.

    Reply
    • Adam 9 February, 10:32 am

      Not unless they want to. It’s called hard cheese.

      Reply
  • Sas 18 January, 4:33 pm

    Hi,
    and could I quickly say what a fantastic service you are providing here with seemingly no cost to the user..
    I will try to be brief but this does get slightly convoluted.
    My husband and I visited a car showroom last weekend where we viewed a used car costing £9,000. I am the primary breadwinner in our family (though my husband works part time as well) and therefore effectively the potential purchaser; but my husband (how typical is this…) conducted the initial viewing (i waited with the kids at a nearby beach while he test drove the car).
    On returning from the test drive my husband was keen to seek my opinion as he liked the car. I was fetched and allowed a brief viewing/ sit down in the car, but a second test drive was ruled out as impractical. After some mild differences of opinion, my husband notified the dealer that we would not purchase it that day, but decide overnight and call them in the morning if we wanted to go ahead.
    However, after another visit to the local beach (it was a glorious warm winters day) he rashly decided to revisit the showroom and make a deposit of £450 (£500 was requested but he was short and they accepted £450). They were made aware at this point that I was the purchaser, and this was confirmed on the receipt issued to us for the part payment. We did not take possession of the vehicle and arranged to revisit during the coming days. I later found out my husband texted the vendor on his mobile phone at 5am on the Friday morning with a request not to wash the car…but thats only mentioned to point out my husbands rather suspect sanity by this point.
    This is where it gets slightly complicated..the following day, (Monday) having calculated the total costs of the purchase including the likely loss incurred on our current vehicle etc, I changed my mind, fully aware that the £450 already paid was basically lost. Of course I was not best pleased and told my husband in no uncertain terms that he had to cancel the purchase and politely ask for a partial refund, which I knew they would not agree to, but no harm asking. I went to work and was unable to monitor progress during that day.
    What my husband decided to do next was baffling and worrying frankly, but i think the strain already caused was having an effect on his logic.
    Firstly he called the vendor and informed them that we had to pull out of the sale. He reminded them that I, his wife was effectively the purchaser and that I had decided to keep our current vehicle. He asked for a partial refund and was declined; however the salesman did assure my husband at that point that should we change our mind again and decide we do want the car, then as long as it was not sold to someone else we could effectively change our minds back and the £450 would form part of the purchase price.
    The next thing my husband done was frankly scandalous. (I still remain devoted to him despite this as his qualities outweigh his bad sides!) Besides himself with worry at my reaction to the total loss of the initial downpayment, he rang the salesman back within 15 minutes of the first call, and re-stated our desire to buy the car! Despite not contacting me first…it was a peculiar and bizarre thing to do. To make matters worse the salesman stated firmly that he would not reinstate us as purchasers unless a second downpayment was made — of £550. (taking the total downpayment to £1,000).
    Believing he could convince me of the merits of the purchase, my husband used my bank card details WITHOUT MY PERMISSION and paid another £550 over the phone in order to reinstate us as the purchasers… the mind boggles really but there you go.
    When, on Monday night I found out what had happened i hit the roof and sent a polite and apologetic email to the vendors pointing out that a) In fact I was the purchaser not my husband, b) the second downpayment was unauthorised by myself the cardholder and therefore, in my view, invalid.
    I appealed to their better nature and pointed out that the behaviour of my husband throughout had been verging on the bizarre, ie 5am text messages saying don’t wash the car. I requested that they refund the second payment of £550 as in my view, £1,000 was not commensurate with the inconvenience they had suffered. The Monday’s trading was the only day they had been unable to readvertise the vehicle, it was now first thing Tuesday and if they reimburse the second payment, we can all move on from this unfortunate episode.
    They replied swiftly saying that they wouldn’t refund any part of the £1k they had taken, and inviting legal action.
    My question is: obviously I can’t and don’t want to take legal action against my husband for his fraudulent use of my card. Our marriage is still very much intact; believe it or not I am very much supportive of him despite his appalling lapse (he’s having a midlife crisis bless him and the car was a boyhood dream of his finally realised, or so he thought).
    But I do feel that the vendor profiting from what was actually fraudulent use of a third parties card (myself being the third party in this case as it was done on the phone when i wasn’t present) leaves a bad taste in the mouth. Further, I feel that their requesting a second payment at that time was perhaps unreasonable; thirdly I think that a more scrupulous trader, given that he was aware by then of the difference of opinion between my husband and I, would have noted the use of my card to make the second payment and perhaps requested a quick call from myself, as the card holder, to authorise the payment; and lastly, I feel that £1,000 is in any case an extremely harsh penalty to exact on me personally, given that i have by now calmly explained the circumstances of the problem and notified them that the use of my card for the second payment was unauthorised.
    Quick question i have , among a few others, is whether i have any right to cancel the second payment as it is effectively theft from my account, albeit by my spouse. And secondly, does the second transaction of £550, given that it was requested and agreed to over the phone, possibly fall under distance selling regulations, ie, its actually a different contract to the first one we had with them?
    I feel dismayed that they would so casually decline the request for a refund of the second payment; clearly they believe that i won’t pursue it further given that the dispute revolves around a sum of (only…)£550. Short of having my husband arrested and carted off to jail – which i am sure some readers here will happily endorse! – is there any justifiable or legal way i can apply further pressure to the vendors to return the £550 which, in all honesty, they are probably not entitled to be spending on champagne or what have you at my expense?
    Thanks for your kind attention and i await slightly breathlessly for any reply…many many thanks, a depressed mother of two and wife of a complete plonker.
    Best wishes.

    Reply
    • Adam 9 February, 10:42 am

      Sas,

      What an absolutely ridiculous story. The pair of you need to grow up and accept responsibility for your and each other’s actions. “Oh my Husband’s a thief but I love him!” How could you trust your husband to do anything on your behalf if this is the way he behaves after a conversation that left him in no doubt that you as a family cannot afford to buy this vehicle.

      I hope the garage get to keep the cash and then it might make you think (for once?) about your idiotic behaviour.

      I can’t believe you even have the nerve to even tell this story in public. You must be so embarrassed with yourself!

      Reply
      • Mark Kennedy 22 June, 6:02 pm

        Adam, you opinion on peoples behaviour really should be kept to yourself, you are abusing the website with your opinions not with your advice.

        Sas What you need to do is contact your card company and tell them your card was used without authority. your card company can claw it back from the car dealership.

  • Server 19 January, 2:25 pm

    My wife called up a double glazing company and the visited us yesterday evening at 7pm and left about 12 midnight.

    During that period we only wanted a quote and told the salesperson that we are going to get about 4 other companies quotes and then make our mind up.

    The price for the work quoted to us £35,000 I told him that was way over our budget and by applying a number of discounts he got the price down to £15,000 and this price was only applicable for today only.
    Price quoted for only half the house (9 windows and 2 doors)

    I still wanted to get other double glazing companies to give me a quote, but felt that if we didn’t sign we would lose out on the extra discount giving for today’s visit.

    I was still in 2 minds when signing… But I signed as the time was ticking away and it seemed kind of a bargain, I made a 10% deposit using my Debit card and signed all the paper work and took out a payback scheme they have with Barclays, by the way I also bank with Barclays and used my Barclays debit card for the 10% deposit.

    Woke up this morning and now thinking that I shouldn’t have signed and should have got another 3 quotes

    I wont to know is there a cooling off period that I have as my wife called the salesperson and can I get my deposit back, as I used my debit card for the payment.

    What steps do I need to take in order to cancel the order and get my full deposit back?

    Just had a meeting at work and told that there are going to be some redundancy in the next coming months, so I need to ensure that I spending wisely.

    I would appreciate all advice.

    Thanks

    Reply
  • Nicci 22 January, 9:34 pm

    Hello, I have just purchased a carpet in store and got home to discuss price with partner and seems I may have been over charged – what rights do I have please? I want the carpet but feel I have been totally stitched up and he was a very chatty salesman and couldnt get a word in, the price he gave adds up to enough carpet to cover a football pitch and it’s only a bedroom about 12ft x 9ft 8….?

    Reply
  • Matt Collyer 22 January, 9:47 pm

    I was called by the provider of my current motorbike insurance, Swinton Bikes some 4 weeks prior to my due renewal. I was given a quote over thephone off £175 for the renewal and told I was getting ther best price from them due to loyalty etc. I was steered towards paying by monthly direct debit payments and verbally accepted the quote.
    The next day (still 3 to 4 weeks before any new policy start date) I found the same product elsewhere for over half the price, I called Swinton and told them I will not be taking up the renewal with them due to price and the hard sell I had nclearly fell for.
    I still had not received any paperwork in the post from so did not have a copy of any terms and conditions etc. I was told I could cancel but the wanted £50 as a cancellation fee, I pointed outi was still within the 14day cooling off period so woulbnt be paying the £50 and would also be makinga complaint, I was then told my details would now be passed to a debt collection department!!! All this over 3 weeks before my current policy expires, still not in reciept of any paperwork and less than 24hours since they called me.

    Do I have a case or will I have to pay the £50?, I cant believe they can charge me such an amount in the cooling off period, Swintons T&C also (now received) state you are charged £50 in the cooling off period and £50 out of the period..makes no sense to me!!

    Your advice would be greatly appreciated….

    Reply
  • Matt Collyer 22 January, 9:49 pm

    further to the above,at no point when gven the renewal quote was I told about a £50 charge if cancelled during the cooling off period.

    Reply
  • David 26 January, 1:13 pm

    I brought a phone yesterday, i got it stolen from me the same day.

    I never even got to use my phone, there has to be some way around the contract, it’s an expensive contract, and they expect me to buy a new phone because i never got the phone insured.
    I mean, i could barely afford the contract let alone an extra £9.99 insurance. I guess no i know how much i need insurance.
    But i need a work around to get my phone replaced for the time being.

    Reply
    • Adam 8 February, 2:41 pm

      David,

      Depending on the retailer, a lot of the high street providers actually FORCE you have an insurance cover for the first 14 days even though this is at no charge to yourself as long as you cancel within this period.

      The ‘scam’ is that more often than not people don’t cancel and either keep paying becasue they are too rich to notice what’s leaving their account every month, or they accept their mistake and pay at leats one month.

      I am aware from personal experience that the providers do not always tell you explicitly about this insurance, although they obvioulsy should. It might be worth checking your contract and or where you bought the phone from.

      Otherwise, you will just have to put this down to a life experince and buy a new/second hand phone that you can afford which you can make calls and texts on through the contract(although will probably not be anywhere near as ‘cool’ as the one you bought).

      Life can be hard my friend, but it’s only a phone.

      Reply
  • Dasy 26 January, 1:42 pm

    Hi, i called BT asking to stop my 12 months contract , but they said i shoul pay the remaining 200 pound , now i moved house and i m not using the phone anymore. i paid for the period i used the phone but i dont want to pay for something that i m not using. so i stopped to pay the new bills for a phone that i m not using and they dont have my new adress. What can happen? can they cause me problems in the future for buing a house or having a loan? What they can do?

    Reply
    • Adam 8 February, 2:50 pm

      Dasy,

      What can they do to you? For breaking a legally enforceable contract that you signed with consideration? Well, they could do a lot of things to you, but unfortunately none of them involve the things I would do to you if left me out of pocket in an agreement!

      Do a Wikipedia search for the term CONTRACT and read the whole article, then see if you feel like it is actually YOU who has stuffed BT over – and not the other way round! It’s not their fault you chose to move house! Just like if BT suddenly cut your phone off after 10 months with no explanation, you’d be right onto them waving a 12 month contract in one hand and a copy of the Cretin’s Guide to Consumer Rights in the other.

      God I’m so glad I don’t have to provide professional replies to these people for a living. It must be like chewing your own leg off!

      Regards,
      Beatie

      Reply
  • Kyla 27 January, 11:14 pm

    Hi, i started my 22 month son at nursery he went for 2 weeks but I decided not to continue with it as I was concerned about level of care. After telling the staff i got a call from the manager asking for 2 weeks, normally 4 weeks notice period! I explained i was not happy and sent her email detailing concerns such as adult/child ratio on one morning and on collecting son at the end of day staff would be seen to be cleaning up and not caring for son as paid for. She replied that on that particular morning the ratio was under due to sickness for 25mins at start of day and she would re consider the handover period in the evening but still insists on notice period of 1 week. I received no copy of contract signed, was not verbally told of contract and due to managers absence had signed paperwork with staff member as manager said she usually explains contract, not aware if nurseries have cooling off periodm please can you advise as i really do not want to pay anothe £100m thanks

    Reply
  • jenny clark 29 January, 11:43 pm

    Help!
    I paid a deposit of £100 towards the purchase of a new car. I stupidly signed a contract. Salesman said verbally that I would get my £100 back if I couldn’t get the other money together. I am unable to get the rest of the money but the salesman now says that I can’t get my £100 back AND that I owe him the rest of the money for the car. It is less than 24 hrs since this happened. Is there absolutely NO cooling off period?? I live in Scotland.
    Jenny.

    Reply
    • Alex 2 February, 7:51 pm

      Aaah Scottish law can be a pain in the arse… do you have a copy of the contract? If so, what precisely does it say? If not, get one asap.

      Reply
      • jenny clark 13 February, 12:36 am

        I’m a bit of a wimp….begged and borrowed the money….my kids now know what NOT to do ie NEVER sign anything at the business’ premises without doing research or shopping around first. I had called a free legal helpline – they said that I basically didn’t have a leg to stand on…such is life these days….

  • clairely 31 January, 2:13 am

    I purchased a holiday online tonight, does the 7 day cooling off period apply?
    thanks

    Reply
  • Andrea 4 February, 10:17 pm

    Hi
    My elderly mother was contacted by phone to renew her buildings and contents insurance on the 1st Feb 11. Her exsisting policy does not expire until the 3rd March. She was completly bombarded with insurance jargon for a good 15 mins and ended up agreeing to renew. The day after she received 40+ pages of policy details and credit agreements to sign. She then phoned to say she had changed her mind, she would let the exsisting policy run but shop around for a new policy to start on the 3rd March. She was told that she would have to pay £50 cancellation fee and £22.50 service charge. She never received a renewal letter and was not given any options i.e. to pay annual to avoid the interest. Surely this cannot be right as the new policy has not even started yet and nothing has been signed. I feel she was railroaded into agreeing and would like advice on how to handle the matter.
    Thank you
    Andrea

    Reply
  • Kayla 6 February, 4:01 pm

    Hi,

    My husband forgot to change the address of his AA cover and now they have renewed our cover at a cost of £111. We didn’t realise this until the money had gone from our account. He immediately that day phoned and explained and requested to cancel (we were told that the paperwork had been sent to our old house and if you didn’t reply they automatically assumed you wanted cover and so charged you). We requested to cancel within the 14 day cooling off period yet they have charged us an admin fee, are they allowed to do this?

    Thanks

    Reply
  • Jason 8 February, 9:42 am

    Hi, I purchased a holiday this Sunday just gone as It seemed like a good deal. After looking on The web when we got home, we found that we could have saved about £350. Is there anything we can do to get some money back? It was booked with first choice and the web price was also first choice. A £250 deposit has been paid already!! This is going to be our honeymoon and finding this online price kinda put a dampner onit. Thanks in advance for any advice

    Reply
  • Chris P 10 February, 6:06 pm

    Hello,

    A elderly friend of mine was contacted by telephone just over a week ago by a company that sells timeshare holidays. She was offered a free holiday and told that she would only have to pay for the airfare.

    Ultimately and after some high pressure selling, she gave them her Visa debit card number and they have taken £150.00 from her account.

    The next day, she received via email a blank booking form to complete.

    No fixed travel dates were discussed confirmed or even which airport she might travel from. Additionally, no cooling off period was mentioned or any other terms and conditions.

    Within the statutory cooling off period of 7 days, both an email and fax were sent to the company based in Tenerife explaining that she wished to cancel and asked for a full refund.

    The company has replied stating that it is against their policy to issue refunds.

    What would be the next step in order to obtain a refund?

    Many thanks.

    Reply
  • kate forrest 19 February, 1:37 am

    In June 2010 I was pursuaded by the telephone sales person to agree to a deal which would be be cheaper than my present deal. I complained that my present deal did not meet with the promised £10 per month that I asked, she had assured me that my bill would not be more. Since June I have an average bill of £30.90.

    Since receiving the phone I have not used it or opened it. Neither have I used the simm card. What can I do about reducing the cost of this item? Can I sell it or transfer ownership?

    Reply
  • Garth 28 February, 3:04 pm

    Does the 7 day cooling off period relate to an 18 month mobile phone contract?

    Reply
  • Anthony Jones 3 March, 9:16 pm

    Ijust bought a £21000 car, part financed by credit of £9000. I was told at the garage I have a right to cancel within 14 days but would have to deal with the finace company direct should I do so.
    Now I just noticed that the APR is very high and would like to cancel and give them the £9000 from elswhere. Is this feasable or would the finance company demand the car back

    Reply
  • Nick P 4 March, 10:25 am

    I have paid a deposit on a nearly new car, on closer inspection it appears it doesn’t even have the engine specification I requested. I have paid a deposit to hold the car off can this cancelled or will I lose my deposit. I never realised I was being pushed into a deal that didn’t fit, however they stated that to get the deal agreed I would need to get a Managers signature, as he wasn’t available the next day ad I wanted the car quickly. Then after that I’m told that the car would take 7-10days. Can I just request a refund and go to another dealer? This was less than 24hrs ago.

    Reply
  • Giovanni 5 March, 9:14 pm

    Hi, today I became a member of streetcar’s carsharing service over the phone, and paid a membership and insurance fee. I have now read more of the terms, and there are fees that I didn’t expect. Can I cancel the agreement?

    Thanks

    Giovanni

    Reply
  • darren 8 March, 4:47 pm

    i was automatically renewed for home insurance by uswitch they sent renewal details out as it had gone up by 200% i just posted them back & cancelled my direct debt instead of calling them, but my partner called them to tell them i didn’t want cover & the direct debt was cancelled. They have now sent be a bill for £170 for unpaid insurance cover lost commission & other costs claiming they never got the returned policy.
    Is it legal to automatically renew insurance without me ticking a box on my original policy it was only on the small print page 6 that i didn’t sign or they didn’t point out before hand.

    Reply
  • Kerry 9 March, 12:03 pm

    I signed a 5 year lease for a franking machine yesterday and no longer want it, anything i can do?

    Reply
  • Peter Southwell 11 March, 3:31 pm

    Hi,
    Following constant calls from a Land Sales Company, I thought I had agreed to look at paperwork relating to a plot of land in Royal Tonbridge Wells.Yesterday a Plot Reservation Form arrived asking me to sign a contract for the purchase of £10,000, I then received a telephone call, where I explained that i was not interested.
    I was told this was not acceptable and I would hear from their Lawyers as a verbal contract has been entered into over the phone for which they have recordings.
    That said, under their termas and conditions it says ; ‘you may cancel your purchase of a Land Plot at any time and for any reason within 7 working days of signing the Plot Reservation Form. Your payment will be returned in full’
    I havent signed anything, should I be worried by their threats?

    Reply
  • Louise 13 March, 9:31 pm

    I’ve booked flights abroad over the phone – is there a cooling off period? Also, if I were to take out holiday insurance now even though the flights were booked prior to it would they be covered for cancellation if the flight dates were covered by the policy?
    Many thanks for your time.

    Reply
  • r king 16 March, 12:38 am

    i tried to buy a generator from genpoweruk but paypal took the money £375 from my credit card then placed a stop on the payment and claimed that fraudulent transactions had been made on the paypal account.
    I am disgusted with both paypal for their totally unfounded accusations and genpower who advised a two day delivery period i.e. mon tues of this week but had in fact cancelled the dispatch on friday but could not be bothered to tell me. I waisted two days waiting for a non-existent delivery, lost two days work and paypal have been exceptionally obnoxious. I wish to cancel the order but genpower refuse to respond to emails. I have told them i will refuse to accept delivery if they attempt to finally send it. paypal refuse to accept that i can cancel an order and refuse to replace the money to my account. WHAT DO I DO NEXT??????????????

    Reply
  • lucy 16 March, 2:28 pm

    In November last year we ordered our new car to be picked up in april, this was all done via email and over the phone due to us being posted over seas, however our personal circumstances have changed and we are trying to cancel the car. However the dealership are now saying we owe them just short of £3000 cancellation fee and we tried to say about overseas selling but they said because we met them picking up our first car it counts when purchasing our second car too, I was just wondering please what advise you would give.

    Reply
  • callum 18 March, 9:29 pm

    hi

    basiclly a client cancelled a contract 14 days after the date of signing, it was a person to person meeting at my work place, does the client have the right to cancel the client?

    thanks in advance

    Reply
  • callum 18 March, 9:30 pm

    sorry it was 15 days

    Reply
  • Stu 21 March, 12:35 am

    I have recently, within the last two weeks taken out new broadband with Orange. The main selling point was the fact that it was only £21.50 including line rental and calls (this is monthly) compared to my current provider Sky at £31.50 a month for the same package. Only to be told once I had received the router and installed It on my computer that it would be £31.50. This was because I was outside the Orange Exchange. Which I was not made aware of on purchase, and I made a point of asking several times if it was definitely £21.50 a month to which I was told “yes” each time. I was sold this over the phone by a sales rep, the product I have been provided with is also worse than the connection I was getting from Sky. If I haven’t signed anything is it legally binding? And if I have been I supposed miss informed upon purchase would I be able to cancel, without incurring any charge? If not could I just cancel all payments from my bank? And what would happen if I did??

    Reply
  • Jodie 22 March, 8:11 pm

    I cancelled a gym membership within 48hrs, the gym said no problem as I was moving away. I have just been sent a pile of forwarded letters from the finance company demanding payment??? what are my rights?

    Reply
  • maryam 24 March, 12:03 pm

    Hi
    I booked an appointment session with a photography studio 2 days ago. They called me and i booked over the phone. I payed £30 booking fee and she told me i can cancel the appontment within 7 days but wont get my money back. i agreed. now i want to cancel my appontment . Am i intitaled to a refund of my booking fee by law?

    thank you

    Reply
  • m lockyer 24 March, 9:35 pm

    hi i bought an ex display leather suite from dfs i told the salesman at the time that i wasnt sure if the furniture would fit in the room he said to carry on with the transaction then go home if and measure up wich we did at no time did he mention there was no cancellation. i phoned today only to be told i couldnt cancel the only mention of this was writen in biro on our copy only. when my wife signed there copy was clear of any no cancellation policy have i got any recourse as this was ex display so was not ordered for me

    Reply
  • Lisa 30 March, 10:40 am

    Hi! Wow you seem very helpful on here thought id ask my question.
    I want to take out some public liability/employers liability insurance and when i rang they told me they had no cooling off period and offered no discount after i purchased it. Is this legal? It would be purchased over the phone or online.
    Thanks
    Lisa

    Reply
  • Paul Walker 31 March, 7:02 pm

    I agreed to purchase a car on 24th March and put down a deposit of £1,000.

    At my annual audit on 28th March, my accountant advised that I could not afford the terms at £355pm for 60 months. I have advised the garage that I cannot afford the car now, finance documents were not signed as these were to be completed when the car was ready to be collected today.

    What is my situation, and what happens to my £1,000
    Thanks

    Reply
  • Briar 5 April, 8:01 am

    Hello
    Last night we booked a B&B in Pt Isaac for three days in May – upon telling my father in law we were floored to find out we had inadvertantly booked when we were due at a wedding on the East Coast and could not possibly make the wedding if in Cornwall. We rang the B&B immediately (10 minutes tops) and advised we were unable to travel on the dates we had chosen – the owner became quite hostile in saying we had to either use the accommodation within 12 months (impossible as we live in Australia) or he would have to ‘see’ if we could get a refund – there is nothing on their website nor any information given to us regarding cancellation fee. We feel terribly ripped off having 120 pounds debited to our credit card and yet they have suffered no loss! It was 10 minutes from booking we realised our error!! Do we have any right at all to a refund? I completely understand if we cancelled 24hrs before the booking but this was immediate – I am amazed they processed the payment immediately and then stood firm on keeping it. Has left a very nasty taste in our mouth and very wary of tour operators in your lovely country

    Reply
  • Colette 7 April, 11:39 pm

    Hi a Salesperson from Churchill radiator cabinets was invited to our home to give a quote. Husband signed contract & paid £700 on his credit card for 2 cabinets. Contract quoted cooling off period of 7 days. goods were paid for on a Saturday afternoon. On the Monday staight after, we had to email Churchill to cancel order due to sudden redundancy. Churchill have informed us work started and they will charge us£400 costs for cancellation. They Advised us cooling off does not apply because we asked for work to commence. Nothing on contract refers to us instructing work to start. We gave our written notice on next working day at10.15am. Does cooling off and distance selling regs apply? Thanks. Colette

    Reply
  • Brian 26 April, 4:42 pm

    Hello,

    I am selling my house via a local estate agent. My wife signed a contract with the estate agent in my absence. When i looked at the fees that had been agreed they were un reasonable and extremely high. I wrote a letter to the estate agents the next day telling them that i would like to cancel the contract in accordance with my 7 day cooling off period.

    Now here’s the problem i am facing! before i posted the cancellation letter we had a viewing with the estate agent we had just appointed. The buyer made an offer on our house but we did not accept it as we were not happy with the estate agency fees.

    We are now advertising via another estate agents and the same buyer has expressed an interest again. The problem is the original estate agents are claiming they introduced this buyer and we would therefore be liable to pay their fees? is this correct even though i cancelled the contract?

    we do not know if we can accept this offer as we do not want to pay two estate agents!! please could you offer any advice you may have!!

    help!!

    thank you

    brian

    Reply
  • Pauline 3 May, 5:41 pm

    I recently paid £600 deposit for a conservatory. The company phoned a few weeks later and we agreed a start date. He also said he had arranged for himself and the builder to come out to measure up etc. this was suppose to happen the next evening but they did not turn up. I tried to phone and send a text message to see if they were still coming but have had no response. the verbally agreed start date has now past and I have been unable to make any sucessful contact with the company. How do I claim my deposit back without being in breach of the contract- as I have read in the small print that it is legally binding and cannot be cancelled?

    Reply
    • David Doughty 25 May, 10:14 am

      These cases make my blood boil.
      I would suggest you write to the company (I assume you want the conservatory), and “specify a maximum time) for them to start work (effectively make time the essence of the contract). After that they will be in breach and you will be entitled to a refund. Clearly you cannot be left in abeyance awaiting a date that they carry put the work. This will always be a problem when you use “middle men” rather than direct with a reputable builder.
      Please note the above is an opinion only and you are advised to consult a solicitor for full rights under law.
      Good luck
      David

      Reply
  • Lyn 23 May, 8:39 pm

    I have just had two visits from a well known power company trying to pressure me into a sale, needless to say I didn’t agree. The funny thing is though that both they and later a person I spoke to at the company both claimed I would have had a 14 day cooling off period even though it was a door to door sale. I know from experience and as your website states it is 7 days, so why would this company be trying to claim otherwise? A lot of my neighbours were visited by the same company today and they are elderly should I be telling them different than 7 days? am I in the wrong here and if I am when did power company’s selling door to door get their rules changed?

    Reply
  • john 24 May, 2:02 am

    That is needless to say, given that you choose to make use of the paid reverse cell phone look internet services.

    Reply
  • Emma 24 May, 1:18 pm

    hi

    I recently paid for a tummy tuck with mya cosmetic surgery. i was unable to attend the operation as i became ill. i was giving a docs note by my doctor stating i was unfit for surgery. as stated in the terms if i have a docs note stating this i can get a full refund. i have repeatedly rang mya inquiring when i will have my refund as it has now been a month since they received my letter. at first all i’d get is…’we’ll let you know as soon as we here anything’. i was also fobbed off a few times with..sorry nothing i can do right now no one in accounts for next few days etc. i then rang everyday as off 2 weeks ago asking if they have any news yet and what the delay is as i sent in my letter. i was then told my file had been sent to head office only last week and that they had to go through a procedure to determine if i get my money and when. she said they need to see if it was something they missed? i never had a full med anyway so not sure how they can say something they missed. i think they are deliberately stalling trying to find a ‘get out clause’ as never once have i been told i will not get the refund.

    what are my rights on this please and what can i do to make them give me an answer/refund?

    many thanks

    Reply
    • David Doughty 25 May, 10:05 am

      Keep pressuring them Emma they should re-imburse you within a reasonable time-scale. I recently phoned Easy-Jet who advised me that a refund takes 15-30 days!! I retorted that it only takes a few minutes to press some buttons.
      If you do not get a reply within 14 days threaten them with legal action.
      D

      Reply
      • Emma 25 May, 11:23 am

        hi

        ok thanks David. i’ll keep going with it, just wasn’t sure were i stood legally and how to force the issue. but i will threaten legal action. they obviously should be paying me or it would have been a no from the beginning i would have thought. yes i’ve been told that one, takes seconds for them to take our money but days/weeks for it to be returned!!
        Emma

  • Simon 14 June, 11:34 pm

    Hello – on the other side of the table… as a self-employed trader.

    I offered a service to a customer who bought online via PayPal.
    Now the customer a couple weeks in wants a refund for ‘personal reasons’. The event is scheduled for August.

    I stated in documentation that £50 is a NON-refundable deposit – do I have to give a full refund? Or can I hold on to the deposit?

    (I had to book their place in advance, and I have hiring costs, food etc. to pay for).

    Reply
  • Chris 15 June, 1:40 am

    I have recently had a company refund my credit card for a hotel room, they contacted me to advise they had made an error and charged me twice. They then refunded my original charge.
    However there was only one charge to my account, so they technically refunded my original payment.
    I am willing to pay them, but I would like to know what my speciifc rights are.

    Thanks in advance. Chris.

    Reply
  • Neil 15 June, 9:06 am

    Hi,

    I see Anglian has already mentioned on this site. I had a sales person visit my home and we agreed to buy a conservatory. This was to be done by finance to get the maximum discount. He advised us during this time of our 14 days cooling off period. We couldn’t get the finance we applied for and he got us another agreement. When he brought it round the payments were too high so we cancelled it next day. This was within the 14 day period. Anglain are now saying that we are liable for a 30% payment because we were outside the 7 day cooling off period. We said within 14 days, but they say that was for the finance and not the conservatory contract with them. We have now found this clause in their paperwork but were never made aware of this. Also, on the new finance agreemnt it states that cancellation of the finance also cancels any anciliary agreement. Surely this refers to the Anglian contract. Anglain are now starting proceedings against us. Can anyone help?

    Reply
  • gemma 16 June, 3:38 pm

    I have recently sold some concert tickets on eBay under Buy it Now. I am a private seller. The buyer has now come back saying he has bought them for the wrong date and wants a refund, which he is entilted to under the Disrance Regulations, and if I don’t comply he will return them to me in 7 days cooling off once he’s receveid them from me at which point the concert may have taken place and they’ll be worthless. Is he correct?

    Reply
    • David Doughty 27 June, 10:12 am

      Gemma
      Tell him that he should have been aware of the dates that were on the tickets and that your policy is not to offer a refund.
      I am not aware that a private seller has to comply with distance selling regulations and that the buyer has to take the responsibility when bidding – I would not offer a refund and suggest he sell them he was well aware of your terms and conditions.
      Please note this information is provided gratis without any liability attached and the recipient is advised to seek advice from a qualified solicitor for the full legal position on private contracts.

      Reply
  • David 28 June, 11:02 pm

    Dear Sir,
    I applied for the following site for 6 month (http://dating.uk.msn.com/) and I paid 77.94 pounds.
    On the first day I sent email to other members, telling them my email address. But it was the breach of the Terms and Conditions according to the company and they blocked my email to other members temporally. I misunderstood this site service( I thought I could tell my email address to others), therefore I applied the cancel of application on 5th day after application and ask them to refund all money under the cooling-off system in UK.
    However company said that I had used this site already and breach the Terms and conditions, therefore they can not refund.
    And now they said that it has passed over 7 days anyway, therefore I can not get refund.
    Can I get refund from the company (for example. Next 5 month and 2 weeks fee which was included in first payment of 77.94pounds.)?
    Anyway I did not receive any email from other members (I think that, this situation means that I did not use any service of this site from my point of view).

    With best regards,

    Reply
  • Biba 30 June, 9:06 am

    Hi,

    I gave my dad a list of travel details that he had to simply show the travel agent to book three tickets. However the agent entered the wrong details for the outbound flight and dad paid for the tickets not realising and I checked the tickets only when I got home from work and realised the error. The travel agents are saying it will be another £85 per ticket to change seats over or over £100 for a full refund!! How do I resolve this without paying more for their mistake??

    Reply
  • vikki 30 June, 11:09 pm

    Hi

    I took a mobile contract out with vodafone in May and they keep charging me incorrectly. Do I have a right to cancel the contract seeing as they are continuing to bill me for the incorrect amount?

    I have written confirmation of my billing amount due each month but am getting charged £37 instead of £21.

    I have complained for the second time.

    Thanks

    Vikki

    Reply
  • Angela Boulton 1 July, 7:26 pm

    My mother bought an adjustamatic bed 15 years ago. Then it was over £5000. She has also purchased an adjustamatic chair for about £4500. She has contacted the company to replace her bed with a single adjustamatic bed. They are charging £4880. We have looked at other beds exactly same quality etc for a third of the price. Can we cancel this order? She has paid £680 deposit. Today is the day she signed 1 July 2011. I hate to see her ripped off. They have said they’ve knocked the vat off, but being disabled she doesn’t need to pay vat anyway!

    Reply
  • Jo 1 July, 9:42 pm

    I signed a tenancy agreement last week for a house. The contract is a standard one and includes a clause in it that requires the landlord to give the tenants 24 hours notice before coming round. However, the landlord’s daughter (who is helping him with renting out his houses) says that he won’t stick to this. I’ve rung her again today and she insists that he will just turn up whenever he wants to do work on the house. Can I get out of this contract before I move in on the 9th July? Or what other options do I have? Could I change the locks?

    Reply
  • les 10 July, 9:43 am

    Hi , In march i paid a £250 deposit fo a motorhome hire in august this year the balance of £700 has just been paid 6 weeks prior to collection . i have no confidence in the servises the company offer and they state no refunds are available . do i hve a cooling off period after my final balance payment .

    Reply
  • James 18 July, 1:43 pm

    Hi there,

    On Friday I paid for UK visa services company to assist in getting together my visa application. Over the weekend our personal circumstances changed unfortunately and I now have to head back to my home country, and will not be applying for a visa. Can I ask for a refund under the 7 day cooling off period?

    Thanks
    James

    Reply
  • Azher 19 July, 11:18 pm

    Hi, I purchased some car insurance from One Call Insurance outside the dealer via my iPhone thinking I would take the car, he hadn’t seen my car but we did agree a price. When he saw my car he changed his mind and as such there was no purchase of the car. So no car, no need for insurance. I tried to cancel and eventually was told I can only cancel by going on line to their website. I eventually did cancel 6 days after the purchase date. I then received a letter saying the policy has been cancelled and that I now have to pay 25% of the annual premium which is just under £400 for 6 days cover!! I have tried to challenge this and I am now getting letters indicating court labelled letters but I understand this is just an internal debt recovery department. Can they charge such an extortionate amount for 6 days cover. As per usual, it’s never clear even in small print but what ever happened to the cooling off period?
    Azher

    Reply
  • Website 21 July, 8:10 am

    My brother recommended I may like this web site. He was totally right. This submit truly made my day. You cann’t believe just how so much time I had spent for this info! Thanks!

    Reply
  • Ellie 28 July, 2:05 pm

    I decided to market my property with haart estate agents. They came round to the house took pictures, measured up etc and signed the paperwork. After a catalogue of disappointing service experiences I decided to utilise the 7 day cooling off period clause. I was then horrified to hear that I would be charged £180 for cancelling. The fee is on the small print on the back of the contract but I was distracted due to my small son being in the house at the time of signing. This fee seems excessive and unfair and I feel that it should have been explicitly explained to me at the time. What are my options?

    Reply
  • June Dawson 9 August, 7:17 am

    I bought table and chairs on sunday at 14;25, they were going to place the order with their suppliers on Monday, I cancelled the order at 12:35 on Monday before they places the order with their supplier, they will not give me my money back. do I have any rights

    Reply
  • klldh 11 August, 8:34 am

    I paid £99 for a franchise to sell products and once I received the products I then learned that I would be responsible for incurring all delivery costs to customers and so I decided to cancel the agreement before the cooling off period ended. The company accepted my cancellation, arranged for products to be returned and confirmed I’d get a refund. 30 days have now passed in which they should have refunded me so I chased and advised them that they have breeched the 30 day period and they advised that a cheque would be posted and apologised. Another week past and still no cheque. On Monday I contacted them again and they said very sorry you’ll have the cheque tomorrow. Yesterdays post arrived and no cheque. What should I do now?

    Reply
  • tao 18 August, 6:42 pm

    2 things. First of all I signed a contract for 2 years with a advertising company for a flyer/booklet with advertisment/discounts in this was in march. They have only sent me the first print of it on the 18 Aug saying it is out for distrabution. I did how ever give the go ahead for the ad when they sent me a sigle page of only our ad.
    It dose say in the contract that only they can cancell it unless the ad hasnt been produced in 26 weeks.
    Im wondering if I can cancell it under the 7 day cooling off period starting from the day I recived the final product and also for the fact I was under the impression that the booklet would have more pages and discounts.

    the secont thing is I paid for more advertisment with another company were I dint sign any contracts But there contract states I can only cancell after the 30day trial period. Im wondering if contracts like that have any cooling of period.
    Thanks

    Reply
  • Laura 23 August, 10:18 pm

    I purchased some earrings for pierced ears from river island online but when they arrived they looked a lot larger than they had appeared in the picture online. I have not tried them on as I can tell straight away they will be far too big!Can I ask for a refund as I bought them online?

    Reply
  • Ken Baker 30 August, 10:15 am

    I purchased a automobile, and was ensured that the full inspection was done on the vehicle. The engine coolant light went on and off, so I filled up the coolant. The red light still goes on and off. The contract also states in writing that the damages on the car could be buffed out. I took the car to a bodyshop, they told me the damage could not be buffed out. It would require body work and paint. I do not want the car if it requires bondo on it. I took it back within the ten day period and the shop states that I cannot get a refund. They said I have to buy another car off them. Is this true, or can I have a ten day cooling off period to cancel the purchase and get a entire refund.

    Reply
  • gillian 30 August, 11:33 am

    Hi I run an out of school care and a parent came in on friday to register her child to start on monday she completed her registration form and signed the part to say she would give us one months notice should she wish to give up her place – her child started on the monday and she came in on tuesday (today) to say he doesnt like it and he will stay until friday and she will exercise her cooling off period – there is nothing in my literature about a cooling off period – can you advise me if the cooling off period is applicable and if I can get money from her for the childcare that has been provided Thanks

    Reply
  • Richard Walls 2 September, 6:14 pm

    Hi
    I have just bought a home and I have found that some of the internal Shutter blades were broken, so I contacted the interior Design firm that the previous owners used and asked them to replace the blades for me and also remake new Shutters for another area. I received the quote from the interior designer for new shutters and after considering the quote for 2 weeks I signed the Customer Acceptance Form and paid the required deposit. The Interior Design firm then told me that I also had to pay for the replacement blades, which I have objected to as feel that they should be replace under goodwill seeing as I am getting new Shutters from them. After some back and forth with the company, i am feeling hard done by so after 8 day into the contract, I cancelled the order for the Shutters and requested my deposit back!

    The company replied saying that the Terms and Conditions that I signed stated:

    CANCELLATION
    Any order cancelled after acceptance and within 7 calendar days will forfeit 25% of the total DEPOSIT.
    Any order cancelled 7-14 calendar days will forfeit 50% of the total DEPOSIT plus the cost of any manufactured items that are in progress.
    Any order cancelled 15 days and thereafter will forfeit the full amount of the DEPOSIT plus the cost of any manufactured items that are in progress.”

    The company have refunded 50% of my deposit and not charged me for the product that was in process.

    My question is, am I entitled to my remaining 50% of my deposit? or should I take it further.

    Reply
  • David G 6 September, 11:43 pm

    I went to a car garage at the weekend and put a deposit on a car for £10K. It was agreed that my current car would be part exchanged to the value of £1400.

    I received a “Used Car Invoice” stamped and dated by the garage detailing the total cost of the car (£10k), deposit i paid, along with the part exchange amount agreed and the balance outstanding. A statement on the invoice reads “i acknowledge receiving delivery of the car at the price stated” which i signed & dated.

    I was due to pick up the car today and pay the balance and hand my old car over. However, the garage now says that they made a mistake on the price of car and says it should have been sold for £11k – not £10k as agreed. He has offered to return my deposit but i want the car at the agreed price.

    Where do i stand?

    As i paid a deposit – is the car legally now mine? Has there actually been a sale given that i have only paid a deposit? Can i force him to go through with the sale?

    Many thanks for any advice.

    Reply
  • Tracey Wright 20 September, 8:30 pm

    Help! I run a small business and I signed up for a trial period to a social media company to provide Facebook advertising for my business. Before my advert went live I emailed to say that I was giving notice that I only wanted the advert to run for 30 days and that I had no intention of continuing after the trial period and that no further monies should be deducted from my credit card. At the end of the 30 days (14/09/2011)they sent me the final analysis, it was then that I noticed that the terms and conditions stated that cancellation should be in writing. On the 15/09 I sent a letter recorded delivery but it took 5 days to arrive and now the company have deducted a further months fee from my credit card saying that the letter was received after the end of the trial period. The cut of for cancellation being 17/09 They say they can’t be responsible for Royal Mail but niether can I and I really thought my intial email would have been sufficient. Does cancellation have to be in writing or is email accepatable? Any help would be much appreciated! Thank you.

    Reply
    • Ed 21 September, 8:57 pm

      Unless if they stipulate in the T&Cs that notification of cancellation in writing must be recieved by themselves (rather than date sent) on a certain date then under contract law the postal rule is when you hand that letter to royal mail (date stamp on letter and receipt).
      If they don’t state notification must be in writing to an address by snail mail then you can also stand your ground that email is an acceptable notification under contract law.

      Reply
  • Rosie 25 September, 3:42 am

    I recently signed a lease hire purchase agreement with a dealer on a new car. This was less than a week ago. My husband and I were going to share the cost of the monthly payments but he has just been told he has been made redundant and we are worried we will not be able to meet the monthly payments.
    I signed all the relevant paperwork at the dealership last week. Will there be any cooling off period that will apply or are we now tied into this agreement for the duration of the lease?

    Thanks

    Reply
  • Christie 6 October, 2:18 am

    My husband received a phone call about a sweepstakes and they told him he won and just needed to sign up for a magazine subscription to claim his prize. The company says we do not have the right to cancel. is this true.

    Reply
  • louise platt 7 October, 11:35 am

    yesterday I verbally agreed over the telephone for an advertising company to design me and advert for my company which they would then publish in a magazine. I have not paid them anything yet, but the have sent me an invoice for £120. the email they sent sounds very forceful and as far as i can see they have not provided me with any cancellation policy.
    Am I within my rights to refuse to pay for this work?

    Reply
  • Krzysztof Szumny 8 October, 12:09 pm

    Does “Distance Selling Regulations” apply to product such as web hosting bought online?

    Reply
  • Megan 10 October, 2:28 pm

    Are all retail outlets, including mobile phone outlets, bound by law to offer a 14 day cooling off period

    Reply
  • Emma 11 October, 9:12 am

    Hi,

    I had a make up trial at the weekend for my wedding at the end of the month, at the artists home. I paid the trial fee in cash and signed a contract for her to be the makeup artist at my wedding and gave her a cheque for the full amount for the wedding make up.

    After I got home and had a chance to look in the mirror properly without her over my shoulder, I really didn’t like what she had done and the make up had become very shiny and greasy looking. I sent her an email immediately (about an hour after signing the contract) and said thank you for the trial today, but I had made a mistake in signing the contract so hastily. I asked if she could release me from the contract (which I thought she would do as I had paid her in full for the work done so far and she had not been put to any inconvenience as I let her know I did not want her services just one hour after signing).

    She replied that she woul not release me from the contract and contractually she is now the make up artist for my wedding day.

    Do I have the right to a cooling off period? I would be very grateful for your advice as this is very upsetting for me as I now think there will be bad feelings on my wedding day if she turns up to do my make up. Something I don’t want on a day that should be so happy!

    Many thanks

    Emma

    Reply
  • Aaron france 11 October, 9:42 pm

    I bought a car radio of the website, i installed it in my vehicle and used it for a day or so, and didnt like it, there terms and conditions say once a radio has been used and installed i cannot send it back for a full refund, they said they will charge me a 15% restocking charge as it has been used, is this the case or am i entilted to a full refund, no websites mention about the returning of a used product under the distance selling regulations

    Reply
  • Kemi Adeoye 11 October, 10:42 pm

    I recently made four bookings at Crossways Guest House, 23 Wigginton Road, York YO31 8HJ,- 3nights, 4nights, 4nights and 4nights over a 4 week period in October due to work reasons. I got the details for the guest house on the internet and spoke with the owner/ manageress of the Guest House, Emma Barnsley. I told her it was going to be my first time in York and I was quite keen to find an accommodation that is within walking distance of my employer’s office. I told her I would check-in usually on Mondays and check-out on Fridays. She wanted to know how long I require an accommodation for. I told her it could be anything from a month to a year depending on several factors, such as proximity to work and other situations that may arise at work. She offered to reduce the nightly rate from £60 to £50 on the premise that I make a full payment for the four bookings. The costs totalled £750. She told me as I’ve booked on a long-term basis, she would need seven days’ notice if I need to cancel the arrangement or when I need to extend my stay.

    As the guest-house has a 4-star rating, I didn’t think I had anything to be concerned about. As a result, I agreed to make the full payment for 15nights stay in October and so I gave her my debit card details. She promised to send a confirmation of payment to me. I subsequently received an email with an attached document from Emma. The document confirmed that I’ve made the full payment of £750 and with a new clause of two weeks’ notice. She asked that I print, sign and send the document back to her. She further stated that she had put a copy in the post to me. That never came through. I didn’t panic because she at least confirmed that I made the required payment. I noted that the document was not signed by her. At any rate, I knew from experience that there would be a contract waiting for me to sign at ‘check-in’. I decided not to print and send the email copy back to her.

    I made a quick stop at Crossways to leave one of my luggages on arriving in York on 4 October 2011, before going to work. Emma wanted me to sign the paper-works, there and then. I told her I had a taxi waiting for me outside in a restricted area consequently it would have to wait till later. I arrived back at Crossways at about 6:45pm. Emma gave me a contract to sign. The contract was for 3nights i.e. Tuesday 4 October to Friday 7 October, 2011. She told me I would need to sign a new contract at each check-in. The document did not contain anything obscure. I told Emma at ‘check-in’ time that it’s transpired that I won’t be working in York strictly on Monday to Friday and that there would be times I would not be in York, at all. She said that was alright inasmuch as I let her know at least seven-days, ahead of time. She then proceeded to tell me that she would be closed for about two weeks’ in December. I told her I should have a clearer picture of the situation by Friday 7 October, 2011. I also asked what time she serves breakfast. She told me breakfast starts at 8:30am. I told her that would not work for me as I must be at work much earlier than 8:30am on most days. She said ‘really’ to which I said ‘yes’. She then gave me the menu list to choose from with the arrangement to have it ready for me in the morning.

    I came down at 9:07am on Wednesday 5 October 2011 hoping to grab the toast that she promised to have ready for me and head straight into work. Emma told me ‘sorry, breakfast finished at 9:00am’. I asked why she made the arrangement with me the night before. She told me she only serves breakfast for 30 minutes and does not make any concessions because ‘it won’t be fair on others’. I told her I was running late for work and that we would talk about it on my return. I got back from work at about 7:30pm in the evening and left a message on her voicemail requesting few minutes with her. I tried her number, again at about 8:30pm. She picked up and I told her I would like to have few minutes of her time. She told me she would come down in 30minutes. She knocked on my room door shortly afterwards.
    I came out and thanked her for taking the time out to see me. I picked up from where we left off in the morning and told her that she wasn’t giving me the service that I paid for. As a result, I would like to end the arrangement giving the seven days’ notice that she agreed with me. She told me the seven days’ notice was only applicable to future bookings but not to the bookings that I’ve made and paid for. I asked her how it is possible to cancel a booking that is yet to be made. She then said ‘I don’t give refunds because my machine does not allow me to do so’. I said to her what about issuing a company cheque.

    At that junction, she flew into a rage and told me in no uncertain terms ‘I am not giving you any refund. You shouldn’t have paid for the whole period. You could have said I can’t pay for the whole period. All deposits are non-refundable’. I told her I didn’t give you a deposit, I made a full payment for the service that you promised to give me but which you are not giving me. She shouted at me, turned round and slammed the door in my face. I only realized at that point that the access to her apartment was just next door to me. As part of her dwelling which she shares with her partner is directly above the room I had for the period, the rest of that evening up till about midnight was filled with constant stamping on the floor/ slamming furniture on the floor/ flushing the toilet. The toilet was flushed not less than 13 times on that particular evening! By the way, the walls of the property are as thin as paper. I couldn’t get to sleep until about 2am.

    The following day she left dirty/wet towels in the bathroom for me instead of replacing them. I thought things could not get any worse. But I was in for a surprise on the morning of my departure i.e. Friday 07 October, from the guest house. I was mid-way through having a shower when the water ran cold on me. She had cut off the hot water supply. I turned the thermostat to the highest setting. Yet the water was as cold as ‘rain water’! I ended having a cold shower on my last morning, there. She said all the rooms were fully occupied. But throughout my stay at the guest house i.e. Tuesday to Friday there were just two other guests and they left on Wednesday morning. As I was the only guest left, I decided there and then that it was not safe for me to be there any moment longer. At check-out time, I handed back the keys and told her I was not coming back. I catalogued the series of events that she hurled at me i.e. used towels, turning off hot-water supply, the constant pounding on the floor from the room directly above mine and not providing the breakfast element as agreed in the contract throughout my stay at the guest home. She didn’t blink an eye. She said ‘don’t you think that’s been child-lish. You are complaining about missing out on breakfast’!

    I have reported her to Tourist Board in York. She informed them that the contract she gave me was water-tight. This is almost laughable. The only document that I signed was for the three nights that I’ve spent at the guest house. I contacted a legal counsel who advised me that there is a breach of contract on Emma’s part. She advised me to write to her citing the breach of contract. I sent a copy by email to Emma and the legal counsel. I also sent one by guaranteed ‘Next Day’ delivery to Emma Barnsley. She has not acknowledged or refunded the £600 that she owes me. I desperately need to recover my money from her. It has been a traumatising experience for me. I should be focusing all my attention on getting on with my job. I’ve since been on trip-advisor and found that others have suffered similar fate from Emma. What can I do to get my hard-earned money from her?

    Reply
  • I Green 13 October, 3:05 am

    We signed a disclosure document in the UK signing our timeshare over after being brainwashed all day and we have to pay a substantial amount of money to them as well, could you please let us know if their is a cooling off period with this type of document

    Reply
  • Paul 17 October, 4:11 pm

    I recently signed a hire purchase agreement for a car, ten working days ago, since then the car has been back at the garage with problems, I’m not happy with the vehicle and wondered if the cooling off period would apply to this sort of agreement?

    Reply
  • Martin 26 October, 10:37 am

    My wife bought two theatre tickets via a ticket agent’s website but unfortunately I am unable to attend that performance.
    She contacted the agency by email immediately (and within 7 days of purchasing them) to ask for a refund or to change them for a different date but was told the terms and conditions were that no refunds or exchanges were permitted.
    Are they allowed to do that or do statutory rights override T&C’s.

    Reply
  • Kerry 27 October, 10:02 am

    Bought 2 concert tickets but now don’t want them i have asked for a refund but seetickets says that the cooling off period with the Sale of Goods act does not apply to the music industry. Is this correct?

    Reply
  • Dennis 31 October, 9:38 am

    My wife decided she was going to hire a soace at an antique centre for £80 per month for a period of 1 year. She signed an agreement 2 days ago but has since decided she was unwise to do this as the space she has rented in too small. can she get out of this contract as it says she is committed to pay for the year whatever.

    Reply
  • Adam 31 October, 1:37 pm

    Yes of course he can! Your disorganised lifestyle and clumsy purchasing decisions are not his problem. Goodbye £80, I suggest you learn your lesson this time around.

    Reply
    • trickygj 10 December, 1:57 pm

      Adam

      The forum is to offer help and advice to people who need it and not as you are using it. Please use it as intended.

      Moderator

      Reply
  • colin hird 2 November, 11:08 am

    subject, The Gift Company. Allicanti
    My wife was talked into an agreement to buy a holiday in which she had to pay up front, yes i know never pay for anything up front.
    She was never given any terms or conditions. It was paid for by card
    and she received the terms and conditions three days later.
    reading the conditions, it stated that no cooling off period stating eu law this was distance selling there were other terms that put my wife off we now want a refund in total

    Reply
  • Yvonne Spalding 3 November, 6:06 am

    Hi, I was recently asked to sign an agreement for the maintenance split on a multiple dwelling building. I was frustrated that the split of costs was unfair up to now but having signed the original purchase at the tail end of a traumatic divorce and felt that I possibly had not read all the details. I did read through the documents more recently when some owners who only pay a very small percentage of costs were getting carried away with big item spends because the impact on them was negligible but for me was nearly 20%. I could not find any contract binding me to this split. I was told the signing of the new contract was just an update and the original contract was fixed so the new paperwork made no difference. Not wanting to cause any friction I signed. I have now three weeks later discovered that there is no original contract binding me to the 20% so I could have declined to sign and opened the discussion for a fairer split of costs. Do I have any right of appeal on this or is there a cooling off period – I am so disappointed that I have been given false information to encourage me to sign without taking legal advise and of course I now feel rather silly for just believing people who are not as wholesome as I would like them to be.

    Reply
    • David Doughty 3 November, 8:19 pm

      Hi
      It all sounds rather unfair and one-sided.
      I would cite the fact that you have been miss-led into signing and seek to re-negotiate the split on the maintenance charge.
      Normally all occupants would be equally liable but you clearly have a precedence that suggests that the normal basis of the split does not apply. However you should consider that although you may not like to pay for say the roof if you reside on the ground floor common sense suggests if you do not share the costs then you could be aversely affected.
      Hope this helps – check out my face book page or email me ddlegal@btinternet.com
      Rgds
      David

      Reply
  • Joe 3 November, 12:30 pm

    Hi we purchased a sofa from DFS in October.
    We were due to move into our new house on the 6th of November but that fell through.
    We have now found a new house but the sofa wont fit in this room.
    I have called DFS and they said that it is too late to cancel the sofa now as they have placed the order with the supplyers.
    We are now going to be stuck with a sofa that wont fit into our house.
    Please can you give me any advice on how i can go back to them and convince them that i am able to cancel this.. i havnt even received the goods yet!

    Reply
    • David Doughty 3 November, 8:21 pm

      DFS are a reputable company and make excellent sofas.
      I suggest you try a different tactic and suggest that you wish to upgrade your order to say a leather sofa that will fit and negotiate. As far as I am aware DFS are bespoke sellers.
      Check out my face book page or email me: ddlegal@bbtinternet.com
      Hope this helps.
      David

      Reply
  • Michelle 3 November, 3:34 pm

    I attempted to buy a bed on finance which was declined.
    The company said that the bed would not be ready for atleast 10 weeks so aslong as the balance was paid before delivery I could continue with my order.
    I was required to pay a deposit but as I had no money till the next day couldn’t pay one there and then.
    After thinking about it when I got home, I realised there was no way I could afford to save the money up in that time frame so went back into the store and cancelled the order.
    I have since been bombarded with phone calls and letters insisting that I pay a 20% cancellation fee.
    Am I legally required to do so seeing as I never signed anything or paid a deposit?

    Reply
  • Sharon 10 November, 12:31 pm

    I bought a sofa from csl over the phone yesterday and I asked them if I have the right to be able to cancel within 7 days. They said to me and that I won’t be refunded if I do so. I have never seen the sofa and was planning to have a look at it on a csl shop before the 7 days. Is itlegal what they have told me?

    Reply
  • Janet 14 November, 2:10 pm

    I am currently shopping around for new car insurance and the one I have chosen has a good deal which includes full breakdown cover. As my Green Flag Breakdown Cover was only renewed in August this year, Green Flag have told me I will have to pay them £57.00 to cancel – is this fair and why am I being held to ransom? The cover is being paid by monthly direct debit.

    Reply
  • Gavin 18 November, 5:39 pm

    I bought a new phone with 24 month contract but after less than a week i know i’ve made a mistake and want to cancel and get my money back. What are my rights and will this be a problem. Phone was from carphone warehouse, mobile phone provider is 02.

    Reply
  • Ruth 19 November, 6:37 am

    Hi – I signed a contract yesterday for second hand car from a dealer in part exchange with my present vehicle. I have now had second thoughts and want to cancel the contract. There was no difference in price – he did a straight swap. I paid a deposit but on the order it does say ‘-£x’ i.e. minus the amount agreed. Do I have a cooling off period? I signed at the dealership.

    Reply
  • Lee 23 November, 7:46 pm

    Hi, my partner took out car insurance with the AA, the payments were made from my mums account, she gave permission and everything was ok for a year.
    The premium went up 700£ so on the last day of the policy my partner went with rias on a cheaper deal.
    Three months later a bill for £1045 lands on the mat from the AA for full payment of a policy we never asked for, a new policy with a new policy number.

    They never got my mums permission for payments to be made on this new policy, they never sent ANY paperwork, not a digital copy to my e-mail or a paper copy to my home address.
    They finally admit they cannot prosecute the policy due to no paper work, no cooling off period.

    My mum had the bank return her direct debit, At the same time the AA also sent a payment to her account, i never received these payments, i have no access to this account.
    When they took the direct debit for an unknown policy, three months after the final payment on my old policy it put my mum into an unauthorised overdraft, for which she was charged.
    She will return the money, when they agree to cover the unexpected fees my mum incurred.
    Because of the overpayment they are saying that i have defaulted on a policy and are trying to get my rias cover pulled. can they do this?.

    Reply
  • sven 27 November, 6:59 pm

    regarding – http://www.qsl-tenders.co.uk – please help…

    They advertise a free 4 week trial of there service. After 8 pages they keep saying its free and never highlight the hidden terms and conditions which state after the 4 weeks if you dont cancel you will be put onto a full service contract and liable for £700.

    Since you don’t enter any credit card or financial information you feel that it is free and free from risk.

    most people dont find the trial to be of use and expect it to be cancelled. However the last page in the process you are asked to tick there terms and conditions and an innocuous line stating the contract continuation.

    There is not contact from them during the trial and when it comes to an end there is nobody contacting you for your credit card or to agree to the continuation. They deliberately wait a few weeks later and then decide to post you an invoice for the full amount.

    I feel under the sales of goods act they are being deceptive, cunning and not being open and honest. I have read many complaints about the company and they are scammers. I would like to be better informed under what points of law I can rebut them on.

    They have since changed there procedure, asking for credit card details before accepting the trial and clicking onto the actual contract sale value – so you know what your accepting, unfortunately for many others they didnt have the opportunity.

    they threaten with court actions and deby collection agencys.

    Reply
  • Ann 28 November, 12:16 am

    Hi, I went to an auction in a hotel, and bid for a couple of things in the heat of the moment. They were items where the auctioneer got the top bid then asked did anyone else want one and sold loads of the same item at that price. At the end, I should have paid and picked up the the items but I didn’t. There was a big queue and they suggested people go away and come back in a couple of hours so I went home, and while there I ‘cooled off’ and realised I didn’t want the items. They have my details as I had to register at the beginning, so I expect they will send me an invoice if I don’t contact them. Do I have the right to withdraw my bids? I didn’t see or hear any terms & conditions (but I did arrive a little late and the auctioneer was telling people what to do and I did hear that I should register so I did that).

    Reply
  • Kevan Owen 1 December, 11:55 pm

    The only cretin I can see on this page is you Adam, you seem to get off on just being vile to people who’ve made mistakes and dare to ask for help. I think you may have some issues, Good luck in addressing them once you realise this for yourself

    Reply
  • Lee 6 December, 11:42 pm

    Kevan, he is nothing short of a low level troll, best not to feed it and it will go and sulk in the corner after evaporating from the forum.

    Reply
    • trickygj 10 December, 1:56 pm

      Lee

      The forum is to offer help and advice to people who need it and not as you are using it. Please use it as intended.

      Moderator

      Reply
  • Bevis 7 December, 7:15 pm

    Hi,
    Recently bought a fridge from a company. With 1 working day told the company it was not suitable. Unfortunately the delivery men removed the wrapping and took it away with them, without me asking them, to in order to help them get the item into the house. The item is unused, still has all the cellphane wrapping, in fact is in exactly the same condition it arrived in. Company refuses to refund because I don’t have the original wrapping. What rights do I have ( it was bought online)
    Many thanks in advance
    B

    Reply
  • Dave 9 December, 11:16 pm

    Hi,

    I recently looked at buying a new car…the dealer ship which the car was at was having problems getting the car taxed but wanted me to pop and and sign and get the paperwork out the way…I was promised the car would be ready by the wed (This was on the monday I had already been waiting a few days from another date which it should of been ready on) I waited and got no call so called the garage who advised the car wasnt ready but would be by friday…I got no call so called them first thing Saturday and advised I no longer want the car as feel I am being messed around….the manager apol about this and advised the car wasnt ready but he would try and get it ready ASAP…i advised him that i didnt wish to carry on with the agreement…and also spoke to the orginal sales rep and made him aware.. 2 days later i get a text telling me the car is ready and a letter in the post saying the first payment is coming out…Ive contacted the finance co and the garages complaints team but been told to tak it up with the manager…which i did before and made him aware i dont want the car…can i get this sorted anyway?

    Reply
  • Emma 11 December, 7:32 pm

    Good afternoon

    I recently used a website called HiFX to sell my Canadian Dollars for GBP. After I had ‘purchased’ the GBP (that is to say agreed to see them X amount of Canadian dollars)they told me to deposit the amount into their British bank account. The reason I wanted to sell the dollars online was because my money is all in Canada and I wanted to avoid the transfer fees etc. If I have to send the cash here to the UK to deposit it to them it somewhat negates the need for me to use their service.

    At this point I immediately got in touch and cancelled the transation.

    Since this point the company is saying that they instantaniously purchase the currency, and for me to cancel the contract I have to sell back the currency, resulting in a loss of £85 payable to them.

    How does a cooling off period work in this instance? As I say I notified them of my wish to cancel immediately when it became apparent that I would not be able to complete payment according to there stipulations.

    I have had no success dealing with the company on this matter

    Thank you for your help

    Reply
    • Ed 16 December, 12:05 pm

      Hi Emma,
      The list of financial services excepted from the distance selling regs where a statutory cooling off period protects the consumer are listed under schedule 2 of The Consumer Protection (Distance Selling) Regulations 2000 and Banking services are on this list.
      Other than this, check your TC’s between yourself and hifx to see if they missed something.

      Reply
  • Neil Davies 13 December, 1:49 pm

    I recently purchased tickets through Ticketmaster for concert tickets at Newcastle Metro Arena for the X Factor, scheduled for 19th March 2012. Within minutes of the booking I realised a mistake and requested alternative tickets for the same venue at the same price, which are available for the following days performance 20th March.

    Ticketsmaster have confirmed that they/I cannot do this.

    Please could someone confirm if I have the right to do this under consumer law?

    Regards Neil

    Reply
  • doris 16 December, 5:43 pm

    Your main problem is using paypal Paypal are NOT a bank or credit company, so none of the the normal rules that those institutions abide by apply. Paypal can keep as much of your money for as long as they like. You agreed to that when you accepted their T and Cs.

    I fail to understand why anyone allows scammers like paypal access to their bank details.

    Reply
  • Anna 17 December, 1:06 am

    Hi,
    I got a cold call from Lifestyle Money and silly agreed for verbal agreement to reclaim my ppi. However next day I cancelled this agreement within 14 days cooling off period. I’ve been told by theirs member of the staff that they will refund my money (there was up-front fee Ł360) within 30 (but WORKING!!!) days.
    Is this lawful?
    And what can I do if they wont refund my money in time?
    Thanks a lot!
    Anna

    Reply
    • Ed 19 December, 4:25 pm

      HI,
      There is a section on WhatConsumer.co.uk page which covers the answer to your question which is http://whatconsumer.co.uk/returns-and-refunds/
      They must refund at the latest 30 DAYS from the day of cancellation.
      The Consumer Protection (Distance Selling) Regulations 2000 s 14 (3)The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.
      Good luck

      Reply
  • Liam Fieldhouse 18 December, 4:45 am

    i booked a holiday with thomson and have paid £800.00 off it so far owing another £850.00 to pay by march.Today i received a letter from Thomson saying “we have had to change the description of some of the rooms at the hotel condesa de la bahia due to an error in our reservation system which showed all rooms to be superior,when in actual fact all rooms are standard as advertised in our brochure.Rest assured the room type on your booking has not changed.I just wanted to let you know so there is no confusion”.
    but when i booked the holiday i booked a superior room and have all my paperwork to say that i had booked a superior room
    where do i stand on this?

    Reply
    • Ed 19 December, 4:41 pm

      Hi,
      Sounds like that is the error they are correcting; your paperwork which says superior is as such due to the error with their reservation system labelling rooms superior when they are all standard.
      If you have the advert which says different to what they’re saying is in their brochure and that there are superior rooms for the price you have paid then you could argue your case.

      Reply
  • Jayne 26 December, 7:46 pm

    Hi
    My elderly neighbour (83) was talked into having an alarm fitted at the cost of £700 plus £59.95 a month for 5 years! She signed an agreement on 17th and it was installed 2 days later on a Sunday. A cooling off period was not mentioned and a clause stating that if work is carried out before the 7 day cooling off period must be signed for this was dated but not signed ( obviously she only has the carbon copy) She has asked to terminate the contract and has been told that she has a 5 year contract but as a goodwill they will reduce the payment to £29.95 a month on a rolling contract. Where does she stand on this?

    Reply
  • David Doughty 29 December, 11:30 am

    Hi Jayne,
    The monthly charge is excessive and appears to be at odds with the initial alarm installation charge.
    I assume this is a service contract. i would suggest she reverts back to the alarm supplier and confirm that she was not clearly informed of her liability under the contract.
    I am aware of a system that Pensioners can contact the council who will install a “panic type’ of alarm for free or a modest charge plus I believe small monthly charge.
    I would contact the supplier and seek to cancel the “service charge” or offer a much reduced or “one off” service charge if this fails cancel the agreement in writing and request a full refund.
    Check out my Facebook page
    David Doughty

    Reply
  • Son Lu 6 January, 11:47 am

    My cousin bought a washing machine from Retra Vision in Marribyrnong (Made in Italy) with the cost about $1,600.00. When the delivered to her home the W/M was not inside the cardboard box as the other machines often had (just plastic cover) and when she found out the manual book (no any plastic cover) all the pages color become yellow and the staples which is to hold the book are rusty (that means the machine is not brand new maybe it is overstock from somewhere)That thing made her upset then she called to the Retra Vision shop to complain about that. They said that they will come to her home to check on the machine on next Monday.
    Now in this case can she change her mind not buying that machine and get the refund because she is not happy with the condition of the machine like that? and does she have a right to get her refund with the right about cooling off period off time when buying that washing machine?

    Thanks for your answer.

    Regards

    Reply
  • Lea 6 January, 10:11 pm

    I purchased 5 years of NAC cover with my car in Feb.
    the sales assistant made me aware that there was a 30 day cooling off period in which time I could cancel without charge.
    My car was written off in August so therefore i no longer have any use for the cover
    I called up to cancel but was told I couldn’t and that I had to continue paying the premiums for the remaining 54 months.
    I was expecting for there to be a cancellation charge (like there is with the phone contract for example) but not for them to just refuse my cancellation when I cannot even use the cover!?

    Is there anything I can do?
    are they able to refuse the cancellation?

    I thank you in advance for your response
    Lea

    Reply
  • Vikki 9 January, 4:20 pm

    Hello, I booked a rib voyages boat ride through the Thames, but due to unforeseen circumstances I am no longer going to be in London on the 3 days that trip is available, the company say I am not eligible for a refund, even though I will not be using the ticket at all. Is there anything I can do to get my money back?

    Reply
  • Norie 12 January, 7:47 pm

    Hello, I booked holiday via Virgin Holidays and cancelled within 7 working days. But they say “a cooling off is only applied to phone booking and online booking can’t be cancelled with nil charge therefore I will lose deposit.” But it’s not written anything about online booking is exception from cooling off anywhere in the confirmation e-mail. (it doesn’t mention anything about cooling off anyway) Can anybody advice me to get my money back, please?

    Reply
  • Lehane Ryland 16 January, 8:31 pm

    I was nearing the completion of a 1 year motor insurance policy with Swift cover, they automatically renewed my policy with a hefty increase in monthly payments. When I asked to cancel as was too expensive they said i was outside the 14 day cooling off period and would need to pay a cancellation charge. They had sent the renewal reminder and documents by email which i hadnt read due to difficult family circumstances at the time.
    When I queried with Swiftcover, they told me I had agreed to the policy, which I stated I had in the first year but not the second year. Do I have any rights to cancel my policy without paying a fee?

    Reply
  • Ally Strachan 19 January, 10:33 pm

    I recently bought car insurance from Asda, via one of these broker websites (I think it was compare the market). They asked for my previous insurer to prove my no claims, which I gave them etc..

    Next I get an email asking me to provide the proof myself and a copy of my drivers license. I am on an oilrig just now and luckily have a copy of my license but my old insurance is not here and the wife has shredded it for safety presuming Asda were going to do as advertised.

    I had no option but to cancel this as I need my car insured and returned to my old company.

    I paid Asda IN FULL from my bank account. They are now refusing to guive me a full refund and charge me £75! I cancelled it within the 14 days, in fact, it was cancelled within 4 days after all the to and frows.

    They have made it extremely hard to cancel and state because I never gave them my no claims proof they are charging me £75!!! No way. I have around 18 years no claims! Why should I need to prove that to cancel my policy for a full refund?

    Reply
  • valerie reid 23 January, 5:32 pm

    Please advise i purchased a 2nd hand car from arnold clark and in with the credit agreement i included a service and mot plan but after looking at it in more detail it only covers a very basic service and i was wondering if i have the right to cancel the plan and get a refund.

    Reply
  • Valerie 24 January, 1:05 pm

    Please advise. Bought a 2nd hand car and service/mot plan from arnold clark and after signing the credit agreement i relised that the service plan was for very basic service and i would like to cancel am i able to do so, it cost over £200 and is getting charged interest along with the car at 14.1%.

    Reply
  • sarah 24 January, 6:49 pm

    My partner signed a contract for a gym membership yesterday. After coming home and working out our finances we really cant afford the £79 a month fee. Would there be a cooling off period for this? according to the Gym we cannot cancel. whaere do we stand on this legally??

    Reply
    • David Doughty 25 January, 9:24 am

      Hi Sarah,
      It appears you signed the contract at the Gym and it seems the applicable law applies regarding cancellations. Check the small print of the contract – it should contain a provision for cancellation within a set period? Normally within the first month. What would be the position if you injured yourself at the Gym? Would you be able to cancel – i suspect that the contracy contains “get out clauses” please check this. You should contact the Gym and put your confirmation of cancellation in writing as detailed in the contract (Head Office),. asap and await the response.
      If they don’t accede contact a solicitor.
      David

      Reply
    • Adam 25 January, 1:55 pm

      Sarah,

      No you cannot cancel – your partner by the sound of it has signed a legally binding contract and now has to honour it. You don’t have to be a lawyer to read the T&C of the agreement so if nothing in there allows to get out of the agreement you are stuffed, I’m afraid.

      Don’t listen to David Doughty, the guy doesn’t know what he’s talking about with his sweeping generalisations. Take it on the chin, let your partner enjoy his/her £79 a month [snigger snigger] gym membership and whatever you do don’t waste even more of your time and money on a Solicitor!

      Most importantly, tell your partner to grow up and have a realistic view of their finances BEFORE incurring such liabilities in the future.

      Regards,
      Adam

      Reply
      • David Doughty 25 January, 2:18 pm

        Hi Sarah,
        Adams fallacious defeatist arguments serve no purpose. As a lawyer with over 40 years experience I would advise that cooling off laws have to be considered carefully in relation to “the agreement” that was entered into by your partner.
        Interestingly Adam raises a good point in respect to the costs associated with instructing a solicitor – they can be expensive. However, in your case you would certainly qualify for an initial free consultation and I believe that in the longer run this could be cost effective. (Remember if you can cancel the £948 membership it certainly pays to challenge the legality of the written agreement.) The solicitor would need to consider the T & C as Adam quite rightly points out but these T & C can not usurp Leglislation intended to protect the innocent consumer.
        I would suggest you consult a solicitor but prior to this revert to the Gym and query whether they would agree to the membership being transferred – clearly Adam could do with it to work off some of his male ego….

      • Adam 25 January, 3:18 pm

        Evidently so successful in those 40 years that you have to sniff around sites like this trying to drum up business…!

        You are giving the person in question a completely unrealistic view of their prospects of having this agreement cancelled (save in the absence of some good will on the part of the gym).

        If, based on the circumstances we are aware of, you believe that Sarah’s partner has ANY statutory grounds to rescind this agreement I suggest you share them on this consumer forum – and with the OFT – who conducted an investigation into the matter back in 2008.

        In reality, you won’t, because you can’t.

      • David Doughty 25 January, 4:50 pm

        Sarah
        I do not normally respond to inaccurate advice but in Adams case I feel I must. Clearly he is out of touch.
        In a land-mark case the OFT instituted proceedings against a company that draws up agreements and collects payments from gyms with a total of more than 500,000 members.

        Albeit that these contract had minimum membership periods of between one and three years and the court critisised those exceeding 12 months the case was instigated since this company routinely stated consumers could not terminate their membership. If consumers ceased payment threats were made relating to their credit rating and demanded immediate payment of the full sum – often many hundreds of pounds – for the whole minimum period.

        The court ruled that the business model of the company “is designed and calculated to take advantage of the naivety and inexperience of the average consumer using gym clubs at the lower end of the market”. and that the minimum period is “a trap into which the average consumer is likely to fall”.

        It has to be stated and in some way Adam is correct in that the judge looked at the contracts and ruled that of 10 of them the minimum terms were completely unfair. Three others, created since the OFT began court proceedings in March 2010, were regarded as fairer to consumers but were still unfair if they tied in a gym-goer for more than 12 months.

        The judge preventing the company from using or relying on current contract terms (T & C).

        OFT director Jason Freeman said: “We have received many complaints about these contracts, and many consumers have felt pressured into paying sums of money that they believed they did not owe. We are pleased that the court has confirmed that these practices are unlawful, and this should bring peace of mind to many people who have fallen into the trap of signing up to these lengthy gym contracts.

        “Unfair terms that unreasonably bind consumers into long contracts they cannot leave, and heavy-handed collection techniques, have no place in businesses’ dealings with consumers.”

        The ruling also opens the way for gym-goers to cancel their membership without cost, even within a one-year period, if the member has a genuine dispute about the quality of the gym. But consumers may have a tougher time challenging contracts in which they have been given a discount for agreeing to a one-year deal.

        I advise to reach some agreement with the Gym but if not to seek independent legal counsel.

        Reported in Guardian (Last Year) clearly Adam missed this although I suspect he is a Sun reader…..

        Good luck.

      • Adam 25 January, 5:32 pm

        So to reply accurately, the answer is ‘no’ you cannot quote any statutory grounds for Sarah to get out of this contract on the facts as we can see them. You have no idea how long the term is so why even mention 3 year terms? There is no suggestion threats are being made to recover money so why mention them? Sarah is not a lawyer and is not interested in your academic discussions about what MIGHT be the case following high level judicial rulings.

        “The ruling also opens the way for gym-goers to cancel their membership without cost, even within a one-year period, if the member has a genuine dispute about the quality of the gym.” What a load of tosh. This has always been possible because the gym would be in breach of the contract.

        Consequently I can’t believe you’re a lawyer David, you’re a charlatan. You’re not registered with the SRA/law society or the Bar Council so you are either using a false name (real name Walter Mitty?) or lying about being a lawyer, I suspect the latter.

  • steve 25 January, 8:36 pm

    i have just agreed to a new 12mnth contract with B.T yesterday and have now changed my mind as they dont offer a multiple room tv box service and sky do. so iv just rang them and explained my situation and the have said i dont have a cooling off period is this right? please help

    Reply
  • Monika 26 January, 5:18 pm

    hi, i bought a Premium Taster product from Holiday Lettings (2 months premium advertising for £1.22) and was informed that it will be automatically renewed after 2 months period. Typically i forgot about it and my advert got renewed for a year (£358!) yesterday. I rang them and heard that there is no cooling off period for the tester option. they have 3 days cooling off period for annual subscribers only. Please advise.

    Reply
  • rosey 28 January, 8:56 pm

    I have recently booked a cottage online for July with Cottages4 You a branch of Hoseasons and we changed our mind the day after and cancelled and booked another cottage through Welcome Cottages another branch of Hoseasons for same dates in July as it had a bigger garden for dogs. We had already paid £25 deposit for first cottage and accepted that we would lose deposit. However, we have since received an email from Hoseasons stating that within the small print of booking conds there is a clause that states if we cancel then a higher deposit of £390 becomes payable.
    Do we have a 7 day cooling off period under the distance selling regs?
    Do we have any rights under the Stat Instrument 1999 no 2083 under the Unfair Terms in Consumer Contract Regulations as OFT’s view is the effect of the 1999 Act is that a supplier who sets out in advance the charges to be paid by consumers who cancel must base those charges on a real and fair estimate of potential losses and the company has plenty time to rebook first cottage and we have booked another cottage through Ho Seasons branch for same dates.
    It will teac
    h me to read small print in booking conditions as I assumed we would just lose the deposit we had paid and failed to notice higher deposit in the small print! A tough lesson though!

    Reply
  • Patrick 2 February, 7:04 pm

    I upgraded my Tesco Mobile contract over the phone (originally signed up in-store in the Tesco Mobile shop) but the new mobile arrived faulty – battery drains straight down so have to recharge it several times a day and can’t rely on it outside the house. Tesco say they will replace it but I have to send it off and be without a mobile for 10 days. They have a replacement procedure over the counter in-store, but just because I did the upgrade by phone they refuse to let me use it. My contract is with the same company whether you upgrade by phone or in-store so I don’t see why I’m being treated differently – they just say stock rotations are different which seems like a poor excuse. Now they won’t let me cancel as 25 days have passed since the contract started (I raised this issue on the 2nd day). I believe the 14 day cooling off period hasn’t commenced as the phone was faulty on arrival so they haven’t started performing their full contractual obligations. I also informed them at the start that I deem the cost of the invonvenience and electricity charges to be £5 per day and have started invoicing them but they won’t accept my charges. Very grateful for your thoughts especially on the cooling off period point.

    Reply
  • Tony 6 February, 9:30 pm

    Hi,
    Can I cancel the purchase of a car 4 days after signing the agreement and hire purchase document I haven’t picked the car up yet. But it has been ordered and registered in my name. the manager of the car showroom said I can’t cancel, But I realise that I am not able to afford it.

    Reply
  • Nick 8 February, 5:20 pm

    I recently ordered a £1500 chest of drawers from a company advertising on the internet (I had seen the item already in a store at a higher price). The company i purchased it from specially manufactured this item for me and it took 5 weeks to arrive.

    When it arrived it would not fit in my apartment lift, which was necessary in order to get it too my apartment on the fifth floor. As there was no other way of getting it into the room it had to go back with the delivery drivers.

    The company are now invoicing for the product and say because it is specially made I am not entitled to the distance selling act cooling off period.

    Is this true?

    Reply
  • Jo 9 February, 2:15 pm

    Hi, I wonder if you can give me any advice, In march 2011 I received a phonecall from a company offereing to re-claim any PPI, incorrect bank charges etc they assured me that I couldn’t lose. It was a government backed process that was being advertised everywhere. I had to pay a deposit for them to begin the case and it would take between 60 to 90 days to complete. I spoke at length to them and decided to go ahead they took my details and my card details and said they would send the paper work out for me to sign. I received the paperwork a couple of weeks later but found out that they had taken payment from my account the day they rang me when I spoke to them about taking it before I’d signed & mentioned my 14 day cooling off period they said it didn’t apply and they’d already started researching my case so not to worry! Many months later I remembered I’d heard nothing from them! They told me completion in 60 to 90 days yet 5 months had passed with no contact from them, I realise I should have contacted them sooner but with life, work etc I completely over looked it! I rang them asking for an up date & they said it was “going through the process” and it had been a little more complicated because my bank were not responding. I asked why no one had contacted me & I wasn’t really given an answer just told they were dealing with it. Another month went by so I emailed them, that was 29/10/2011 and to date I have had no response what so ever. Can I request my deposit back because it’s nearly a year since they’ve had my money and other than the origional doccuments and my phonecall and emails to them I’ve had no response at all.
    I would be extreemly grateful for any information you can give me.

    Reply
  • mark lodge 12 February, 3:32 pm

    hi can anyone help
    i recently upgraded my mobile phone form the telesales part of the three network
    i received the phone and as anybody would i played about with the phone to see if it was what i was looking for,turns out it wasnt so i went to xchange the phone to another model only to be told i was unable to exchange as the phone had been used,surely i have i have some rights in this matter all thou there was terms that came with the phone that said if used could not be returned but the phone was in brand new condition phone was only taken out of the box abd browesed
    i then tried asking to cancel contract and to return phone as i thought was in my rights to do so but they said if i did this they would put me in to debt with debt collectors
    i still have the phone and i am still in my notise perioes do i have a leg to stand on as i am left with a contract and a phone i dont want please help?

    Reply
    • Adam 13 February, 11:01 am

      Mark,

      You really need to grow up and take responsibility for your actions. You don’t enter into a legally binding agreement for the purchase of new goods so you can ‘play about with them’ and then decide after making the item ‘used’ that you’ve changed your mind. How would you feel if you were the seller in this arrangement?

      The law is a recourse for people genuinely treated unfairly, and is naturally a double-edged sword. It is not (as you seem to think) a blunderbuss for taking pot-shots at anyone who does not kowtow to your childish spontaneous purchasing whims.

      If you consider peoples’ rights and emotions as much as your own you should be able to avoid getting into this situation again.

      Regards,

      Adam

      Reply
  • Nick 13 February, 11:20 am

    What are your feelings on my situation with regards to the piece of furniture I ordered which doesn’t fit in the house?

    Reply
  • Laura 13 February, 3:05 pm

    Hi I ordered a new washing machine from an online appliance company on Monday 6th Feb I was sent an email saying it was provisionally booked for a delivery on Thursday 9th Feb, after I telephoned them On Wednesday 8th for my delivery time slot I was told delivery wouldn’t happen until Saturday 11th I said I wasnt happy but what could I do so I telephoned yet again on the Friday to find out my delivery time slot for Daturday and was told they had moved premises and were having problems relocating the Internet connection and was garunteed I would receive my washing machine on Monday 13th Feb so this morning I rang for my time slot and was yet again told it was not going to be delivered today so I said I wanted it cancelled they said I needed to put it in writing and would have to wait up to 30!!!! DAYS!!!! For my money back is this right? I now have no washing machine and no money to buy another for a possible 30 days

    Reply
  • Ivan 14 February, 11:38 am

    Hi!
    I purchased online weight plates for a home gym. As they arrived I saw that their precision is totally unacceptable, for example disk labelled 20kg actually weigh 18.3kg. (I have precise scales). Online product description doesn’t declare any level of precision\tolerance. I cancelled the contract, but they are saying I will be charged: 1) return of them goods, which is quite a sum with regard to the total weight of 160kg. 2) restocking fee.
    How legal is this, bearing in mind there were no details online about this?

    Reply
    • Adam 17 February, 9:48 am

      Ivan,

      They cannot do any of what they are threatening to do. They are clearly in breach of contract and it is their liability entirely to collect the goods from you and either replace them with satisfactory goods or issue you with a full refund whichever is your choice. You should not have any responsibility to pay or go and post these goods, and you should be refunded everything you have spent thus far.

      The company may well refuse and test your resolve to sue them, but if what you say is correct and you are absolutely sure the weights are incorrectly calibrated then I don’t see any way a District Judge would not find in your favour. You can’t perform a potentially dangerous bench-press manoeuvre with lop-sided weights it could cause you serious injury!

      You should try and reason with the company first (in writing and keep copies), but you have to be prepared to go all the way if necessary. Again, you should get all your costs back including court fees.

      Regards,
      Adam

      Reply
  • Claire Nelems 17 February, 6:42 am

    I’ve made a prepayment using my debit card yesterday to a firm called consumer credit matters the man was in my house for 3 hours and I felt I had to pay to leave this payment is not due to be taken until march 1st what can I do to stop it ?

    Reply
    • Adam 17 February, 9:39 am

      Hello Claire,

      If you contact the company now and tell them that and tell them that for whatever reason you have changed your mind, and they no longer have the authority to use the card details you have given them to process ANY transactions.

      If you can, send an email as well to as senior person at the company that you can. And really you should send them a registered letter outlining that you wish to cancel whatever it is that you purchased and MOST IMPORTANTLY that they do not have any authority to use your card details to process payments.

      Any transaction processed or any attempt to process a transaction against your card would then be considered as Fraudulent, which is a criminal matter.

      What you have done in entering into an agreement (if you even have entered into an agreement it is not clear), is given a ‘promise to pay’. You can break that promise and the company may consider it’s position and pursue you for payment if they have a solid case, but I would be very surprised if they did this given the actions you will have already taken.

      If they should take any payment, contact your bank, show them the copy of the registered letter you sent and they will do what is called a “Chargeback”, where they reverse the payment and have the money returned to you.

      You can find out more about chargeback by contacting your bank, or read here:
      http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

      Regards,
      Adam

      Reply
  • Colin Stone 23 February, 11:00 am

    Hi,

    I am in France and was back in UK for a few days in early Feb. I was looking at new cars when I was there and visited a few showrooms. I was tempted by a new Volvo V50, and went for a test drive whilst in UK. I remained in email communication and yesterday after a bit of trying to negotiate a better price and servicing via email, I ordered one via email. The contract was emailed to me, which I signed and returned by email. I had also emailed my current car’s V5 and MOT certificate. I paid the deposit by credit card by phone call.
    My car has some factory options added – so I do not think it is a personalised item like a curtain – in fact the car was already ordered and the spec has been amended to my requirements.
    I now think I made the wrong decision and would like to check if I am covered by the Distance Selling Regulations and have a 7 day cooling off period, which will expire next Wed 29 Feb.
    Thanks.

    Reply
  • Derek 23 February, 9:49 pm

    HI I purchased BT infinity 3 days ago I was sold that I would expect 40mb speed over the internet as oposed to 4mb I was getting with O2. They came on the monday to istall the hub I was not home, my wife let him in and he told her he does not work for BT but is a subcontractor, well he left when I got home i tested the speeds only to find that I was getting between 2mb and 24mb but not consistant, I could not watch iplayer as the video would stop and direct me to a speed check page which showed the slow speed I was getting. Also my printer would no longer work wirelesly even though it was set up by me correctly and reported it was working with the bt hub. After reading online this is a common un fixed problem and the poor speeds were also common. After reading on the forums I noticed a comment about there was no colling off period with the bt contract. and after reading all of the advertising everything was leaning towards making you wait for 10 days before the service will work correctly and of course all this does is take you past the 7 day cooling of period which enables them to lock you into a contract for 18 months! after contact them via phone I was told that infact there was no cooing off period and I was locked into the contract from day 1 and there was obviously somthing wrong with the line and they will look into it and it could take a few weeks to sort out.
    please can you tell me is this the case that BT are selling a product that is inferrior and they have also somehow found a loophole in the law for them to lock unsespecting customers into a contract irespective of the quality of the product?
    Regards Derek

    Reply
    • David Doughty 23 February, 11:49 pm

      Derek
      Put your concerns in writing and if you dont receive a refund consult trading standards and possibly a solicitor.
      Good luck.

      Reply
  • Colin Stone 24 February, 9:03 am

    Hi,
    I am resubmitting this as “Derek” above appears to have answered my question with his own question – and I received an email with David D’s reply to Derek’s question. Or does David D’s reply apply to me as well?

    I am in France and was back in UK for a few days in early Feb. I was looking at new cars when I was there and visited a few showrooms. I was tempted by a new Volvo V50, and went for a test drive whilst in UK. I remained in email communication and yesterday after a bit of trying to negotiate a better price and servicing via email, I ordered one via email. The contract was emailed to me, which I signed and returned by email. I had also emailed my current car’s V5 and MOT certificate. I paid the deposit by credit card by phone call.
    My car has some factory options added – so I do not think it is a personalised item like a curtain – in fact the car was already ordered and the spec has been amended to my requirements.
    I now think I made the wrong decision and would like to check if I am covered by the Distance Selling Regulations and have a 7 day cooling off period, which will expire next Wed 29 Feb.
    Thanks.

    Reply
  • Catherine 25 February, 11:47 pm

    Hi, I hope that you can help me. I purchased car insurance on behalf of my husband today. I was looking on an insurance firms website, but I called them because I was unsure of some things. The lady I spoke to was quite pushy and said that she could do it cheaper than on their website. I ended up buying the policy, agreeing to monthly payments and paid a £40 upfront payment. She was talking really fast through all the legal stuff that she had to go through and I felt really pressured and I didn’t understand most of what she was saying. I can remember that she said their was a 14 day cooling off period, so I thought it would be ok. I then spoke to my husband and he looked at their quote on the website and it was cheaper on the website. I called back to cancel the policy, but that number was only for new polocies – they said I had to call my local branch which isn’t open until Monday. I have checked their terms and conditions on their website and it says that they charge £50 for cancellations during their cooling off period for the work they have done! The policy isn’t due to start till March, I tried to cancel within the hour of purchasing it, can they really charge me £50 when I wasn’t told on the phone that there would be a cancellation charge? I would really appreciate some advice. Thanks very much

    Reply
  • Ryan 26 February, 10:26 am

    Hi, 2 days ago I bought a membership completely over the phone for a 12 month membership paying the 132 pound up front. I was told that i’d get an email confirmation within 6 hours but nothing came, my money still went though! Can I get a refund under the cooling off period?!?

    Reply
  • Aidan 28 February, 2:11 pm

    The cancellation periods above are out of date
    As of Feb 2011 the cancellation period is generally 14 days, even at the trader’s premises

    Reply
  • Sarah 28 February, 2:14 pm

    We had an appointment for my son to join a martial arts academy, I did sign a form (I have asked for a further copy of this) and it cost £100 to join the academy and £45 direct debit per month thereafter, I changed my mind the following day, thinking it was a pretty hard sell and very expensive, I’ve been told I cannot get a refund. Are you able to advise on this at all? Many thanks

    Reply
  • Julz 1 March, 10:51 am

    Hi – someone gave a deposit before xmas for mare and foal – then when they came to get them 2 weeks later they manhandled/stressed mare out so she wouldn’t load and twisted her leg so that she was lame for 3-4 weeks after and then decided they didn’t want her and only offered 500 for the foal which I had already turned down 800 for but refused to give 800 ( they were paying 1900 for mare & foal ) I hgave them the 1400 back but had already spent deposit on xmas presents – Are they entitled to full deposit back?? They are now taking me to court even though I have offered half back – I am unemployed also so already in a lot of debt.

    Reply
  • Anna 6 March, 5:11 pm

    Hi,
    I bought a colour calibration unit for my monitor from an online store, which has to be used in conjuction with the software that is provided. I installed the software that came with it but i have now realised that i’ve bought the wrong one and wish to return it. The actual calibrator is classed as ‘hardware’. Can i send this back as unwanted within the first 7 days and get a refund as the main component is hardware?
    Your help is appreciated.

    Reply
  • Chris Milne 8 March, 3:15 pm

    Hi
    I paid a deposit for a carpet. The salesman agreed to come round 2 days later to measure for it. So nothing would be ordered until the measurements had been taken. I cancelled the following day and before any measurements had been taken and therefore before anything had been ordered. May I cancel without penalty.
    Thanks

    Reply
  • Mlenaie 10 March, 1:52 pm

    Hi i bought on the 25feb 3 lots of 4 tickets for one direction concert. I did this for my daughter birthday party. The money was taken and i had confirmation of seats. I have now recieved a email from ticketmaster stating they have taken away 6 of the tickets as i am only allowed a max of 6 total. I did not know that and now i have only got 6 seats which are not together i have had to book on a another day when i can get other parents to book same or near seats.

    My question is can i get a full refund as i have not got what i orinallly asked for and payed for. They have already refunded the 6 tickets that took away autamitcally. But i want the other 6 refunded.

    Regards
    Melanie

    Reply
  • John Hardacre 14 March, 11:06 pm

    Hello. A couple of weeks ago, I had a number of phone calls reference investing in carbon credits. It sounded good and the young man was selling the product well. I had wine invested, and told him I was sorry but my life savings was tied up in wine. He said he could find a buyer for me, and sell the wine. Once he found a buyer within twenty four hours he suggested once I sold the wine for £15,000 he would invest the money into carbon credits. He said he could organise me and my wife to go down to London, all expenses paid and visit the headquarters have lunch and stay the night in an hotel. I was inpressed as you can amagine. Once my money was invested, he asked if I could speak to his senior investor, I said yes, thinking he was going to congratulate me on my investment. All he wanted to do was try to sell me more investments and grow my portfolio. I told him all my money was tied up with my £15,000 and I had no other money available, he said ok, but would send me two more contracts to sign if I wanted to change my mind. I told him I had no more money, but he persisted in phoning me. When I initialy signed up, I asked if my wife could come down to London in two weeks time to visit. He said yes I will sort it out for you. A week went by and no telephone call from the guys, told they would get back to me, but always very busy. Today, two days before my wife and I were due to go to London, and after feeling sick with worry because I knew something was wrong, they told me because I was not a big spender, I could not qualify to go down to London. My wife who trusted me with our life savings is feeling sick with worry. We wanted to know, if we could ask for a refund, because we are not happy with the customer service, and I feel I have been a fool dealing with people over the phone with my life savings. Would I have a chance to get my money back. I signed a couple of weeks ago.
    Thank you

    Reply
  • Ryan 15 March, 6:00 pm

    Hi John, I’m sorry but it’s very, very unlikely.

    You are usually entitled to a 14 day cooling off period which I presume has expired now, but I think that investments are excluded from this anyway (due to fluctuations in financial matters). I think you’re stuck with this risky venture, obviously you can appeal to their ethical side but you must understand these are people of business who will deny blindly the fact that you were pushed into this agreement. I assume that due to the large amount of money involved, they will also have a clause written in your contract (which comes into effect as soon as you complete your payment, regardless whether you have a paper copy).

    I’m sorry to tell you this and I hope the investment works out.

    Ryan

    Reply
    • David Doughty 15 March, 6:06 pm

      Hi John.
      A tragic story and one that sadly is becoming oh so familiar. You may consider contacting a solicitor who could advise on whether you have been pressured into taking on this “investment” and whether you can extricate yourself from the agreement since it was undertaken in your home with all manner of inducements. Hope that it goes well for you – dont give up hope. People out here are looking out for people like you.
      david

      Reply
  • hannah lamb 15 March, 7:02 pm

    I signed a agreement in my home to let out my flat. A tenant was found and references about to be checked. I realised during this time that the mortgage lenders would increase my mortgage if I let. I decided to cancel my contract then and within seven days. They say to cancel will be a fee of 2 weeks rent – £550. I would be happy to pay costs. Do I have any claim to challenge the cancellation fee?

    Reply
  • Niki 17 March, 10:11 am

    Hi is the door step regulations just a way of scamming contractors.
    I have only just been made aware of these reuglations on a recent project i was carring out. We agreed the price with the client and i was given a written instruction for me to proceed by the client.
    We carried out the first part of the work and then asked for payment for work done.
    Payment was not forthcoming so we asked what the problem was and then he produced the RED CARD stating that he was not given a 7 day cooling off period, and therfore it looks like he does not have to pay as he is hidding behind the law.
    I have also found out that we were not the only contractors on his job that he has done this to. The plumber had completed all his works when he was given the good news, and the builder was on the final payment stage.
    Basically it is tantamount to legal fraud.
    We are now in the prosess of upgrading our terms and conditions, in the mean time do you have any advise as to how we would be able to recover any losses.
    The other thing is, now that he has had materials installed in his property and has not paid for them, who do they belong to?
    Cables in my case and pipes and boiler in the plumbers case.
    Is he allowed to use them to complete the works with a diffrent contractor, who he may also scam.
    Look forward to your comments. Thank you

    Reply
    • Ed 17 March, 12:25 pm

      Niki,
      As a trader are you not aware of the legislation which you are required to work to?
      Interesting to note you received written instruction to start the works. Was this produced by your client to waive his cancellation period (indicating he wanted the works to start within 7 days) or to form a contractual agreement for the works? Bonus if it was the former.
      Initially sounds like a situation you would want to go get legal advice about.
      Regarding the goods at the property; are they not your property until paid for in full? Although not so straight forward if clients existing property removed to replace.
      What was his reason for wanting to give you notice to cancel? He obviously understands the law so why did he not attempt to cancel within his statutory period?
      Remember, only if the work you done was construction work/new build does this door step reg not apply.

      Keep us posted

      Reply
  • Ed 17 March, 12:24 pm

    Hi Niki,
    As a trader are you not aware of the legislation which you are required to work to?
    Interesting to note you received written instruction to start the works. Was this produced by your client to waive his cancellation period (indicating he wanted the works to start within 7 days) or to form a contractual agreement for the works? Bonus if it was the former.
    Initially sounds like a situation you would want to go get legal advice about.
    Regarding the goods at the property; are they not your property until paid for in full? Although not so straight forward if clients existing property removed to replace.
    What was his reason for wanting to give you notice to cancel? He obviously understands the law so why did he not attempt to cancel within his statutory period?
    Remember, only if the work you done was construction work/new build does this door step reg not apply.

    Keep us posted

    Reply
  • Niki 18 March, 10:35 am

    Thank you Ed for your reply, some interesting points raised.
    In reply to some of your questions.
    As members of the Electrical Contractors Association, we are normally kept up to speed with bulletins but on this occasion it looks like it has slipped under the radar.
    Since these regulations were amended there have been two major changes to the electrical wiring regulations, so we have been more focused on those changes.
    I have spoken to numerous other trades people that we deal with (builders, joiners, plumbers, ground workers) and it looks like we are not the only ones who are not aware of the “cooling off” agreement.
    Yes we sent our quote out on the 15th July and received a reply on the 26th July in the reply it asked us if we would like to start the work before the 5th August as the client was going on holiday or leave it until they returned on the 13th August. We chose to start the works on there return from holiday.
    Would this fall within the 7 day waiver period?
    The reason for cancellation was based on the fact that a wall had been damaged during chasing out for cable installation,(clients view) We strongly denied the allegation and following a discussion with the builder he has told me that the damage was more than probably caused by them during the installation of the steel beam and as the work had not been completed and they are in dispute with the client the repairs had not been completed.
    There were two other points that the client raised and they were one of the socket back boxes that had been installed was not perpendicular to the wall, (they normally are a few degrees out but it is not important as the difference will be taken out when the socket is fixed to the finished wall.
    The other point was we cut out some holes in his kitchen ceiling for the installation of down lighters and that the holes were two big (80mm).
    The type and style of down lighters selected by us required a cut out hole of that diameter.
    So I don’t know where he is going with any of his points.
    Nice one about him knowing the law, I have no idea apart from him using it in a fraudulent manor.
    In your opinion would a kitchen refurbishment and a house extension be classed as construction work?

    Many thanks again Niki

    Reply
    • Ed 18 March, 1:19 pm

      Hi Niki,

      Wouldn’t rely too much on a electrical association to keep you up-to-date with consumer law and neither me for that matter.

      Quite a long time from start of job to today?

      I’m no legal person and what I write must not be taken as legal advice. I would however question whether this contract falls under doorstep selling regs seeing as the contract wasn’t formed at the consumers home?

      If it was under the doorstep selling regs your kitchen refurb and extension would not be exempt.

      If I were you I’d weigh up the financial implications of chasing this through. Found an interesting point here http://www.biscoes-law.co.uk/site/services/doorstep_selling_regulations.html which mentions traders saying ‘If a trader fails to provide the notice of cancellation to a consumer, this is an offence punishable by a fine at level five of the standard scale (£5,000).’

      Maybe one of the others around here may be of more assistance.

      Reply
  • Niki 19 March, 9:24 am

    OK thanks Ed, we had realised from the on set that the client was not going to pay, that is why i was asking the question about the regulations being a “free meal ticket” to have work done in your house by a contractor who is not aware of the regulations, give him a deposit and then tell him to sling his hook after he has completed the work and waive the cooling off cancellation regulations in his face. This why i said it was “tantamount to legal fraud”.
    Thanks again,
    Niki

    Reply
  • cbs85 26 March, 10:29 pm

    I bought a sofa at an exhibition, paying a deposit only (on my credit card) with anpther deposit and the balance due at later dates. Delivery isn’t unil the end of the year. Do I have a cooling off period?

    Many thanks.

    Chris

    Reply
  • Steve 27 March, 12:55 pm

    My wife bought an ‘import’ car yesterday and took out an insurance policy for it over the phone. After looking at the costs of parts, servicing, etc. we have decided to PX the car, for one we’ve seen locally.

    As we’ve only had the policy for 24hrs, I wanted to cancel the policy under the 14 day cooling off period.

    I’m told by the insurance broker that although the Insurance Provider will refund the entire premium, they will charge a £45 admin fee, plus their broker commission of £250.

    Can they can do this? If they can, it doesn’t seem worthwile cancelling.

    Many thanks,
    Steve

    Reply
  • Ryan 28 March, 7:29 pm

    Hi, on monday I joined a golf club on a years membership, money all paid up front. Me and my friend have now decided this is not the club for us for various reasons. We havent played there yet so therefore have not used their services of any kind. So we asked about cancelling only to be told that we cant and when we asked if there was a cooling off period we were told no. Is this not a legal requirement? Any help appreciated

    Reply
  • Anna 30 March, 2:25 pm

    Hi,

    We booked some flights earlier this week and we received a call from the airline stating that our flight details had been changed. When we spoke to the airline they amended the flights but did not make clear than only one leg of the indirect flight had been changed (making our journey considerably longer). The airline are disputing this and said it was made clear. Are we entitled to change our minds under the cooling-off period for phone transactions in any case?

    Thanks

    Reply
  • Steven Tan 31 March, 5:09 am

    Hi,
    My family bought few bottles of food supplement from a network company ( sales person ). My son developed allergic reaction after first day of consuming it. We wanted to return the goods to the company. In such a case, since I have already opened the bottle and consumed it, is cooling off period still valid for such contract?
    Thank you!
    Steven

    Reply
  • Sian 12 April, 7:56 pm

    Hi, we looked at a car on Monday this week, were keen on it and wanted to get it on finance with a deposit of my husbands car and £500 cash. WE were called in to sign the papers last night, we were rushed through this but yes we should have paid more attention to what it was we were signing! We got home and looked through it all thoroughly and noticed that the garage had put £10 fuel and a years car tax of £120 onto the actual finance agreement which we weren’t asked about at the time if we wanted to choose an alternative way to pay for these seperately! On the car £5,500 we have seen that we will be paying back nearly £9k which is just LUDICROUS!!! We want to cancel this and get out of buying the car but we won’t know where we stand re our finance agreement as we only signed the papers last night! It does state we have 14 days cooling off period should we wish to cancel the finance agreement but is there a penalty for this we have been advised by the garage that if we cancelled it we would be liable to pay the whole amount of the agreement which is madness! I desperately need some advice about this asap.

    Reply
  • Valerie 13 April, 10:53 am

    Dear Sian

    Something very similar happened to us with arnold clark, as you have signed on there premises cooling off does not apply as far as im aware but what you could do id the same as we did and go to Tesco loan or somewhere else. we found tesco had best rates. when we got paperwork through for car companies loan we phoned the number on the documents and expressed our intention to cancel. as long as you do this within the 14 days it must be accepted. they charge interest of around 85p a day till we paid it. you usually have about 30 days to call them to pay it off with other loan. Our loan with tesco was put into our account within a week we called original one back paid loan off and have saved a thousand pounds.

    original car company loan was just under £6000 over 3 1/2 years
    Tesco loan for 3 years payment stayed almost the same. Hope this helps and it meant for us that the unhelpful sales man and manager dont get their extra commision – result

    Reply
  • Lyn 21 April, 1:42 am

    2 days ago, we saw a 2nd hand catering trailer in a showroom and just before close of business,we decided to buy it. We put down a £500 deposit on it. We now think it won’t be big enough for what we want and would like to cancel. Can we get our deposit back? Under the Terms and Conditions it says “The deposit is non-returnable unless expressly confirmed in writing by a director of the Company”. This clause was not pointed out to us by the Sales Manager before we signed.

    Reply
  • Verity 24 April, 3:12 pm

    We have signed a contract yesterday for a contract phone in store. Can we cancel this if the phone has not been removed from the box and we can recall being told that we cannont cancel. We should have got a pay as you go!

    Reply
  • Faye 26 April, 10:17 am

    Hi, I recently took my baby son to a photo sitting at a local pohotography studio. As you can imagine, after the photos had been taken we were taken up to a little room, lights dimmed, and slow music on to accompany the following pressure led sales pitch. I was not expecting the individual photos to be as expensive as they were and I was also not massively impressed by some of the images. However I was told that as I was viewing them on a large projection screen the quality of the image as well as the actual image itself was slightly different and much better. I have yet to collect the photographs and pay the outstanding £119. I’ve just seen one of the images online as it’s part of an online competition and I am very unhappy with the image, it doesn’t even look like my son is smiling in the picture. I’m very upset as I thought I was getting a good deal, 5 images for £199 but now I just feel cheated and I don’t want to pay for images I’m not happy with. What can I do?

    Reply
  • viv 28 April, 6:55 pm

    Hello,
    I signed into an 18 month contract for an iphone with 3 network. I’m am still in the cooling off period. I’ve decided I want out.
    On the phone they told me I am only entitled to a refund of my deposit if I am experiencing techical issues or if I want to pay the early termination fee which is 700!!! Crazy.
    It’s proving too costly for me. As all my friends are on another network. My coverage is okay but not great.
    Do I have any hope in being refunded? Do I not have the right to be entitled to a refund back?

    Reply
  • lynn from castleford 30 April, 7:11 pm

    purchased 6month old car on saturday,part cash,part on 0% personal loan through their finance company,was told of extra warranty but no price was mentioned,cover is 100,000miles or 10years while i own the car,queried price when given paperwork as it was an extra £1000 on top or price of car,rang them sunday after realising i was gettin something i didnt know i was being charged for.was told nothing can be done because paperwork already sent off,the company is now offering a set of alloy wheels to the price of the warranty £1000am i still entitled to cancel under the 45day cooling off period,i feel even though they were advertising 0% for up to 5years they are trying to get more money out of me.

    Reply
  • Cesar 4 May, 1:27 pm

    Hi Sr/madam. I have two days a go, renewed my T-mobile contract. Unfortunately they have a not good signal. They advise me, this maybe a phone problem. I renewed with an IPHONE, but still bad. I went back to the shop in Exeter to return the handset and cancel all. They didn’t accepted. I call T-mobile and still not accepted. What can I do???? Thanks.

    Reply
  • Karen 11 May, 4:53 pm

    hi, I bought and paid for a carpet on Monday but was going to change carpet today, is this still possible, i thought i had a 7 day cooling off period, i will still be spending my money with them

    Reply
  • Helen 14 May, 2:23 pm

    Hi,I have been using the same carpet store for 20 years and always bought the identical length of carpet for my hall and stairs. I recently bought the length of carpet instore for cash, however they came out to measure and the size increased by a few metres. I informed them that I had been with them for so long and my original measurements were correct. I have since had two other people measure my hall and stairs and my original measurements are indeed correct. The company are refusing to refund my money and say they don’t have to, is this correct? They also say there is no cooling off period as I bought instore. All I want is the correct length of carpet fitted at the correct price, not anything added that is not needed, they selling extra metres that are not required is that not mis selling?

    Reply
  • Jane Jones 21 May, 1:41 pm

    Please could you tell me if plants for the garden come under the same category as flowers for the 7 day cooling off period

    Reply
  • Lynn 23 May, 5:36 pm

    Hi, I recently enrolled on a distance learning course. I paid £329 for the complete course. Just after I received my first lot of materials (just written question and photocopied information)my partner tried to commit suicide and I felt I would not be in a situation where I could do the course. I had not even opened my materials at that time, and immediately contacted the ‘college’ to cancel. I was told that I could not cancel because I had left it too late, and that they were well within their rights to refuse. In their Terms and Conditions it states that
    10. Cancellation

    According to the Distance Selling Regulations 2000, you have a cooling off period of seven working days from receipt of goods. This period allows an unconditional right to cancel. You will be required to make such a request in writing to us at the address given above, and, at your cost return any received materials in a satisfactory and reasonable condition.

    I had only just received the materials when I knew I would not be able to start the course.

    My question is – although I had enrolled on the course more than 7 days before I had to cancel, can the college refuse to cancel and refund (even partially) my fees, even though I tried to cancel less than 7 days after I received the goods (i.e the materials)?

    Nowhere in their T&Cs does it say … you have a cooling off period of seven working days from enrolment…

    Do I have a leg to stand on?

    Reply
  • Phil Woodvine 25 May, 6:23 pm

    Hello
    I have entered into an agreement with a rep from Homebase who said he would generate leads from the public buying kitchen and bathroom equipment. I signed up to have business cards designed and put in the local Homebase foyer and was told that when people ring and ask if they know of any local tradespeople that myself (if I signed up to them) would be used as a referral. I have signed up to a two year deal at £1040. I have today tested out the idea by ringing the local Homebase to ask if they could refer any local tradesman to put in a bathroom sink – they have said they do not refer individuals but – if I had a full bathroom suite – would use their own installers to fit it. They do not refer local tradesman. I have now looked at the small print of the contract which I signed last night (and gave a deposit of £312) and it mentions that “any verbal comments made by the repreentative are invalid unless mentioned in the signed contract”. Clearly the rep has lied but I have no evidence that he said this (although my wife was with me and can vouch for what he said). I am about to cancel my cheque and stop the company from proceeding with the artwork – where do I stand on this please? Phil Woodvine

    Reply
  • Katie Newland 28 May, 3:17 pm

    My partner runs a videography business. He was recently contacted by the local police to film their passing out parade. He explained that he was a one man camera team and this was a worry for them so they arranged a meeting at the police HQ. The meeting went well and three people signed the contract. 4 days later, the police have phoned up asking him to cancel the contract because they want two people instead of one person. They’ve mentioned the cooling off period, but there is no mention of a cooling off period on the contract. It was specified over the phone that he was a one man camera team so surely they shouldn’t have signed the contract if they were still worried. What are the options ofr my partner? Are they entitled to a cooling off period if it isn’t on the contract?
    Please help!
    Thank you.

    Reply
  • bronwyn 29 May, 3:42 pm

    i bought a premium business listing over the phone yesterday. now, less than 24 hours later i want to cancel. so i phoned qype and they told me there is no cooling off period. when i bought it i was told i would get a phone call between 24 and 48 hours and they will talk me through how things work. before i have even received this phone call i am told im bound to pay for the next 6 months. is there no way i can get out of this?

    Reply
  • Asif Malik 30 May, 5:10 pm

    I enetered into a finance agreement on a used car, I then decided to cancel. I had already paid £500 deposit and not seen the vehicle. The agreement was signed on the sellers premises.

    I spoke to the manager who agreed to reverse the agreement as I didnt want that car.
    Now they are saying I owe them £225 to reverse the agreement, and will keep the £500 deposit.

    Is this allowed? I was told the deposit was for Road Tax, and the remainder would be refunded onto my card on collection. I also was not given anything in writing when I made the £500 deposit payment, and was not told it was non refundable.

    Where do I stand?

    Reply
  • A Evans 10 June, 5:56 pm

    Recently, on return from Australia and jetlagged, I was going through my post and found a form partly completed with out of date info apparently indicating that I was on the website of a European Proffessional website based in Portugal. Without reading the small print (!) I completed, signed and posted the form. One month later I received mail from the organisation telling me that my extended entry was on their database and I owed 1100 Euro. I immediately deleted my entry from the website, emailed the organisation, and wrote saying I didnot want this service and didnot want to pay. They have responded pointing out that the cost was stated in the document I signed, and saying they allowed a 10 day cooling off period. If I do not pay they are threatening to persue me legally.

    Reply
  • Lisa 14 June, 6:58 pm

    I’ve signed up to a leased line over 3 years with a telecoms company, the sales order was signed on Monday. I’ve now been offered a better service at a massive reduction in price with someone else. What are my options for cancelling the initial contract….can I use the 14 day colling off period?

    Reply
  • david thompson 27 June, 10:05 pm

    hi i need some advice .. i bought a honda 125 cbf bike and it has started to rust and now needs new steering bearings all this befor the 28 day period expires.. they have stated i have to take it up with honda uk warrenty .. i have stated it’s there responsibility..
    i have asked for the bike to be replaced or refunded and have been told this is impossible ..???
    help on a next step please ..

    Reply
  • J Lee 5 July, 12:16 pm

    Hi, I need some advice, I have been with AOL Broadband for a number of years and recently (Feb 12) I did a package whereby AOL would look after both the phone line and Broadband. Suffice to say this was a bad move, previously the Phone was with BT and Broadband was with AOL. My phone line keeps having faults, this is the 3rd time this has gone down, the Broadband works and there is nothing wrong with it at all in any of the 3 cases, just my phone line!! I dont have a ring tone, when people ring me, they get a ring tone and I dont pick up purely because my house phone does not ring! I know that its nothing to do with my lines physically as I have checked, yet this has only started happening since the move to AOL? The last time I had a problem, it took AOL 5 days to resolve the situation! 5 days!!! Thats 5 days without a phone line. I am in a 18 mth (Started Feb 2012)contract, so was just wondering what my legal options are I.E. Maybe considering going to another provider without incurring any penalties etc, plus the fact that the direct line to the customer services is being charged £1.53 per min, sorry but I am NOT going to ring that especially on a mobile phone! Surely AOl must be in breach on contract as this is not a satisfactory service being provided??

    Reply
  • Oliver Newton 5 July, 11:22 pm

    I signed up to a gym membership which has me roped in for 36 months whereas my friend was offered a one month contract. Do I have a cooling off period? I signed up at the gym so i’m not sure what options I have.

    Thanks

    Reply
  • Office83 9 July, 6:17 pm

    I been offered a phone from a new arm of my existing provider however the courier delivered to my home address when noone was in. a gardener who had been on trial that day signed for the phones and made off with them. It has taken the phone company 4 months to deal with this matter but they have now sent me a bill for the cancellation of my contract as i missed the 14 day cancellation period due to the investigations. can they do this and am i liable??

    Reply
  • Nathan McDonnell 11 July, 6:36 pm

    I signed up for a 24 month period with o2 but cancelled within my 14 day cooling off period. This was as my hours where cut in work and i could no longer afford it. The man in the o2 store assured me i would receive no charges, i then received an email saying i owed o2 £817 due to breaking contract. After ringing o2 the nice lady confirmed this was a mistake on their behalf and that she had now rectified it and i would not be charged. the following month while i was on holiday in London i went to use the bank machine only to find i was in the red because o2 had indeed took the money out of my account. Thanks to this i have received three charges of £15 because money has been taken out of my account. My other direct debits have bounced causing more charges. O2 has agreed to pay me back my money plus £50 extra but this will not cover the expenses they have caused me never mind the stress. it is also taking ten days to refund me the money and my landlord is on my back because my rent is now also late do you know can i claim any more money off them for my stress and expenses?any help would be great.

    Thanks and much appreciated

    Reply
  • Nicola 13 July, 3:01 pm

    Hi, I’ve just purchased additional baggage with my ryanair flight not realising I had already bought it when I booked the ticket. I have tried to cancel this but their customer services have said there are no refunds, even though it’s less than an hour ago.. I thought that all internet purchases had a 24 hour cooling off period?
    Thanks
    Nicola

    Reply
  • maureen 16 July, 8:08 pm

    I obtained an insurance quote on line and clicked to buy. A message then came up telling to call so I called. I spoke to an advisor and explained I was changing my car in 6 days time. He took details of my new car and said it would not make much difference to the premium. I took the policy paid £18 deposit against the premium for the car I had already which was total premium of £155. I called into the local branch 5 days later to arrange to change the insurance and was quoted more than £100 extra, with interest charges the cost for the new car was nearly £400. I explained I had been told it would not be much extra but toi no avail the idiot woman actually said maybe the advisor didn’t think that it was very much. I said I had got online quotes of less than £200 for my new car and her attitude was basically tough. I cancelled the policy as it was within the cooling off period. I have now rec’d a bill for £56.80 which included a £50 cancellation fee. Given that I was miled by the advisor on the phone I do not t hhink I am unreasonable in camncelling and I believe £50 cancellation charge is excessive. What rights do I have please.

    Reply
  • Susie Q 31 July, 12:43 pm

    On Friday I signed a contract for daycare with my husband’s neice who is setting up her own business. She assured me that her new house (which I hadn’t been able to visit, I took her word as a family member) was adequately sized and in no too much of a built up area only to discover that it’s nothing as she described to me so decided to cancel and notified her of this last night. The children have not attended and we’re now in the second working day since signing the contact…also I haven’t been given my copy of the contract yet. Does she have a leg to stand on trying to get me to pay for services I am not going to use after she mis-informed me of the location and size of her property which i do not consider adequate at all. PLEASE REPLY ASAP!!! Many thanks

    Reply
  • Dale 6 August, 2:14 am

    On Sunday 5th August I visited DFS got our hearts set on a corner sofa and we were adamant it would fit fine in our house. Signed contract but realised its going to be too big can I cancel?

    Reply
  • patrick blakelock 9 August, 8:51 pm

    Hi
    I entered into a contract for a conservatory. The first problem was that we were told the price agreed included the ground and brickwork as well as the conservatory structure. When we phoned the company they told us the price did not include groundwork which was another 2500 pounds. We cancelled the order.

    The followeing day, a senior salesman phoned and asked if he could visit us, to which we agreed. On his arrival he said there had been a mistake on their behalf and if we agreed to activate the order the price would remain the same and include the groundwork. We agreed, signed and paid a deposit.

    We were informed by the seniour salesman that the groundwork and brickwork would be completed in three weeks, then there would be a further delay to manufacture the upvc structure, deliver and install it.. this delay would be anothere three weeks making a delay from ordering to installion of six weeks.

    Nearly eight weeks have passed and nothing at all has been done. I have phoned on a number of occasions and spoken to the senior salesman about this delay but still nothing has been done.

    I have once again cancelled my order explaining it was due to unacceptable delay and requested my deposit be returned.

    How do I stand legally on cancelling the order and getting my deposit back.

    Thank you in advance

    Patrick

    Reply
  • lizzie 15 August, 7:07 pm

    hi
    I ordered a pay monthly phone from t-mobile online, and told it would be delivered within 2 working days, it’s 8 working days later i called company and sent emails and finally were told it was because of arrears from 2010 that i thought were paid though a debt recovery company i phoned the company and they confirmed it was paid off i now cant get back in touch with the company i have sent emails but i only get automated ones back and i cant get though on the phone i want to cancel my order as i dont like the way i have been treated is it possible to do so and not pay the 2 years of payment

    Reply
  • angela bates 27 August, 6:57 pm

    hi,
    can someone please advice me on what to do, i ordered some made tomeasure blinds from a company who i invited to my house for a quote, since then i and due to being on the sick at work i cant afford them at the minute, i tried to put the fitting date back but was told could only put one of the blinds back as they had their suppliers to pay, i stated that it does not say anywhere on contract i cant delay the order, just says i cant cancel as they are made to measure, ive looked on websites and ive read a seller who comes to your house should give you a 7 day cooling off period? i wasnt even given any terms and conditions thou the seller is saying that on the terms and conditions it says i have only 21 days to pay,as i was not given any terms and conditions or a cooling off period will the contract still be enforceable?

    Reply
  • Mel 2 September, 10:21 am

    I arranged to buy a used car from a dealer yesterday, paying £200 deposit with the balance to pay when I pick the car up next week, as well as giving him my own car in part exchange. However, in the interim a relative has offered to buy my car for more than the dealer has offered in part exchange, which means I can afford to set my sights higher in buying a new car. Can I pull out of the deal with the dealer and get my deposit back?

    Reply
  • Ally 2 September, 1:24 pm

    I crossed this path with Arnold Clark. I signed paperwork which meant they kept my £100, thieving legally I call it. If you never signed anything I think they must give you it back?

    Reply
    • David Doughty 8 September, 9:31 pm

      You have a cooling off period if signed in their office. But be quick to cancel and request a refund.
      DD

      Reply
  • Chris 7 September, 4:41 pm

    Renewal contracts – Watch out !!!
    Some Insurance companies, especially online ones!.

    I had my car insurance with igo4.com for the last year.
    It was due for renewal so they email me 2 days before renewal date that they had carried out the renewal.
    As I have’t immediately responded to that email because I checked it too late, they automatically renewed my policy without my consent.

    Normally even after this automatic renewal I should have some cooling off period (7 or 14 days according to Consumerdirect) to cancel but this is not the case with igo4.com.
    Yes you can cancel but you will be charged £75 ‘Cancellation fee’. In their cancellation letter they even threaten you with a debt collection agency if you don’t pay within 7 days after cancellation.

    I learnt my lesson the hard way getting ripped off like that but never again and obviously never again igo4.

    You’ve been warned – watch out for insurance contract renewal dates to avoid getting ripped off!

    Reply
  • David Doughty 8 September, 9:28 pm

    Hi Chris,
    My advice is to contact the insurance company and contest the procedure in relation to their renewal.
    The letter should be sent recorded signed for so that you have proof of posting.
    You should set out that you had not provided express consent to an automatic renewal and that it did not form an express term of the contract since this was not clearly bought to your attention when you took out the initial policy.
    An Email 2 days prior to renewal is unacceptable and contravenes several statutes relating to contract law including the Unfair Contract Terms Act.
    Request a full refund within 7 days based on the above or you will seek redress including contacting the Financial Services Ombudsman (see address on their website). I was charged several years renewal by the RAC and contested the case and won.
    They are bound by the decision of the FSO.
    Let me know how you get on @ ddlegal@btinternet.com
    All the very best.
    David

    Reply
  • foureyes 9 September, 9:32 am

    I bought a tv with my credt card and found out later that another shop nearby was selling it so much cheaper. Can I cancel my order have not received the goods

    Reply
    • Tony 9 September, 9:59 am

      Yes, if you bought it online. Otherwise it depends on the terms and conditions of sale

      Reply
  • foureyes 9 September, 10:01 am

    didn’t buy online

    Reply
  • Daren Axon 10 September, 5:44 pm

    Hi

    4 days ago (Friday) i entered a contract with DFS to purchase a sofa bed and Pouffe,
    On the 4th Day (Monday) i decided i wanted to cancel the pouffe as i dont need it and feel i was a little pressurised into buying it anyway,

    Could you please tell me if i am within my right to cancel the pouffe,

    Reply
  • jo 10 September, 6:21 pm

    I just signed up with a record label that said i had a good audition and only 4 (incluyding me) was chosen out of thousands. they said i had to come in the next day to sign contrcat but could cancel if i didnt want to after all. they said production of 2 songs would cost about £5,000 and that i would be paying £1,600 towards it. I came in the next day and put down the non-refundable deposit of £350 – they said cash but i insisted by card. after a litlle hesitation, they agreed to let me go without signing contract so that i could read it over. i couldn’t really see anything wrong with it so signed it last mondya saying i pay the remianing of the £1600 in installments within the next 3 months. now speakign to firneds who say it doesnt make sense to go through such high competition for 4 places and still be paying out so much. freinds say it is bad enough you are not getting paid but to be paying too…they say recording studios charge less for sessions and it doesnt seem so right. also i just found out today that they charge 5% on debit card transcations for the installments and would rather take cash :(

    Reply
  • Gareth 17 September, 1:48 pm

    I booked a holiday on Thursday (now following monday) we paid in full as it leaves in 10 weeks. when discussing the holiday we said that my wife is pregnant, the sales woman said that we were fine up to 35 weeks pregnant. however upon reading the cruises regulations they won’t cover anyone over 29 weeks pregnant without a doctors note, and then it is at our risk. at the time we go she will be 29 weeks.

    can we ask for a refund as in my opinion it has been mis-sold?

    Reply
  • Jo 20 September, 8:20 pm

    Hi,

    I spoke with Trading Standards today because I have had problems with an architect who did some plans for a planning application I had.

    It turns out that any professional body that covers architects does not cover this one as he didn’t actually use the word “architect” in writing and therefore doesn’t have to register with any of them.

    I had a nightmare with him – late work, mistakes, forgetfulness, bad attitude etc but we limped along and eventually after much delay resulting in extra costs for me etc I did get the planning permission.

    I sent an email listing my concerns and received a very agressive response basically telling me I was wrong about everything, (he is a very agressive man).

    So I called Trading and they said that as the agreement was made at the house/over email/over the phone and I was not offered a cooling off period the contract is unenforceable and I don’t have to pay anything.

    I think that’s harsh as the guy did end up getting to the planning permission stage but I think half is fine and that is what they advised me to pay him if I wanted to.

    But does anyone know if this is actually legal? Can I get away with quoting this law? Yes, in this instance it would protect me and is fair, but I imagine that it is very dangerous for lots of genuine tradesmen out there who do not know they have to quote the 7 days and can get stung by unscrupulous home owners…

    Anyway, any advice would be great.

    Thanks!

    Reply
  • Mark 25 September, 10:00 pm

    Hi, I ordered a ‘gator’ attachment for my bike from discountbicycles.co.uk on 3 sept. I received an automated email saying the order was being processed. I emailed on 13 Sept, having heard nothing about my order, but received no reply. I emailed again on 17 Sept and also emailed asking them to cancel the order. On 18th Sept they replied saying all the usual stuff about unprecedented demand etc etc and that I would have delivery by 22nd. It is now 25th, my item hasn’t arrived and I am very fed up. I have found a review website where I have read about similar experiences from other customers with this company. I have had enough. I want to cancel the order and forget about the whole thing. Where do I stand on this, legally speaking? Any help much appreciated. Thank you

    Reply
  • Christine Colfer 8 October, 1:12 pm

    I got insurance which I now know is life insurance through a brooker with allied Dunbar in 2000. After paying into it for 8years I discovered that the money was going to zurich. After lengthy phone calls the managed to track down my policy. Problem is that the broker did not tell them my new address as he also helped with my mortgage. I still haven’t seen my policy and my complaint to Zurich is had I seen it and understood what I had I would not have taken it out. I’ve been told it was life ins for 14years for33k and I’ve been paying £52 a month. Who is responsible for not giving my correct address.

    Reply
  • Nadeem 16 October, 8:17 am

    Hi, I am a member of a Virgin Active gym and on a recent visit got persuaded into signing up for some personal training sessions. I changed my mind as soon as I left the building and the very next day asked for the 3 month agreement and direct debit (£146 pcm) to be cancelled.
    They have told me that I signed the agreement and with this there is no cooling off period.
    Is this at all possible?

    Reply
  • Lucille 5 November, 3:05 pm

    I have just purchased a car from a main dealer on HP. Upon checking the vehicles service history i have identified that the service was due as was the cambelt replacement.

    Upon speaking with the dealer they initial advised that this had been missed and that the car should be returned so that they could complete the service.

    When I highlighted that the cambelt should be done as part of this service they suddenly changed their mind and advised that the vehicle had been switched to long life servicing and isn’t due for another year. This is not reflected in the service book or on the car’s computer which they say is a fault and they will rectify.

    Having looked at the previous service history it has always been on a 10k / annual service which is what it is due for now so i feel that they are trying to pull a fast one at my expense.

    I am not happy with this and am currently awaiting a response to my latest email.

    Meanwhile, i wanted to check what my rights are? Does this constitute the car as being faulty? Am I within my rights to return the vehicle to them and get a full refund / end the financial agreement?

    Reply
  • johanna van wijk 12 November, 3:43 pm

    Dear Consumer Advice comittee,

    I renewed my professional indemnity insurance with Towergate ( I am a therapist) 3 weeks before the end of the policy. However I found out 2 days after renewing that my professional accrediting body has an arrangement with another insurance company that offers a similar policy but £110 cheaper as a special deal for members. I wanted to use my 2 week cooling off period with Towergate, but they refuse this as they deny having a cooling off period.
    I would be very grateful for any advice.

    Kind regards,
    Johanna

    Reply
  • Janice 22 November, 10:58 am

    Hi, I ordered a contract phone from Vodafone online then decided to cancel within 7 working days and phoned them. A courier was arranged to collect however they were unable to collect as I had to go out. The card said I would be contacted by Vodafone to rearrange. No contact a week later and several failed attempts to get through by phone I contacted them using there chat line. I was told a returns bag could not be sent as over 7 working days and a courier collection arranged I was told I would be charged £150 if not in. After waiting in from 8am to 6pm no courier came I again contacted Vodafone who decided to send a postal returns bag. I have not yet received this and now I have been charged for the contract I have never used the phone that has not been taken out of the box and sim is still attached to the card waiting to be returned. I also have a sim only contract which is continuing. Do I have to pay for this contract phone which I have been trying to return?
    Thanks

    Reply
  • Lee_Vodafone 30 November, 3:06 pm

    Hi Janice,

    Thanks for making me aware of this.

    In the event that you still require some assistance with this could you email me with the relevant details the Contact us form on our website? Unfortunately my post count is insufficient to provide a link to it but you’ll be able to find via the Contact us link at the bottom of our home page. When sending it could you quote the code WRT135 – FAO Lee in the subject line?

    Alternatively could you email me at eforumdotwebathelpdotvodafonedotcodotuk (apologies for the formatting but again my post count prevents me from posting email addresses) with a contact number only and again quote the code WRT135 – FAO Lee in the subject line?

    Once our automated reply arrives could update the thread with your email reference number and I’ll get back to you as soon as possible?

    Thanks,

    Lee

    Web Relations Team

    Vodafone UK

    Reply
  • Jo 30 November, 6:50 pm

    Hi,

    FAO Lee #10611009

    Reply
  • Lyn 7 December, 9:40 pm

    My teenage dtr signed a tenancy agreement with a lettings agency Thursday, her 35yr old boyfriend has now turned nasty and she is too scared to go through with it. They have paid deposit and rent in advance. Does she have a cooling off period to cancel the contract?(no paperwork was given her as credit checks were happening first) She just wants to get her name off. What if any rights does she have?

    Reply
  • Katherine 11 December, 4:05 pm

    My husband has a wedding photography business and back in September prior to their wedding a couple ordered wedding albums for a total of £645. He sent them an invoice and contract and they paid the full amount.
    Since the wedding they have now decided that they would like a refund – my husband has not placed the order with the suplier, so won’t be out of pocket, but just wondering where he stands? The money has been banked and used to pay for the employee of the business. Is there a cooling off period, does he legally have to refund the customer?
    Many thanks,
    Katherine.

    Reply
  • Paige Bowden 12 December, 2:29 am

    Hey!
    A couple weeks ago I was called in to Family Fitness Gym in Kalamazoo, Mi, about how I apparently won a free 30 day membership, so I went to the gym and the guy told me if I sighed up for a membership now that it would be cheaper than doing it down the road, so I sighned a contract not being informed that it was for 36 months. The next day I immediately called the gym and explained that I wanted to cancel my membership- she told me to send them an email that was on my contract and it should be taken care of. The email was invalid and didn’t even exist-so the next day I called, frusterated, and demanded an email that was valid. I received one and sent my email again. They never got back to me and started withdrawing money from my account and now they are saying that I would have to pay $250 to cancel my membership. Help. I need advice!

    Reply
  • Lorquiel Pante 17 December, 5:06 pm

    I have purchased a short-term policy (30-day cover) from eCar insurance and have cancelled 2 days after the policy started. They won’t give me a refund they said the short term policy if cancelled will not entitle me to any refund whatsoever as it says on their website terms and conditions. However the policy they sent me does say I have the right to cancel within 14 days of policy start date or receiving the policy documents whichever is later and NO mention whatsoever of NO REFUND when cancelled. Where do I stand?

    Reply
  • Charlotte 6 January, 7:35 pm

    My 80 yr old grandad arranged for a stair lift to be fitted at his home, he did this the over the phone. He cancelled the stair lift around 7 – 10 days after he paid 50% deposit around £1200.00

    He requested a refund from the company and they told him he is not entitled to a refund as the parts had already been ordered from the manufacturer (they were reluctant to tell us who the manufacturing company were) they said they cant get the money back and cannot reuse the made to measure parts and the company would just throw them away!

    No contract has been signed and there are no terms and conditions, cancellation policy etc been provided by post or on their website.

    If anyone can please offer any advise?? I understand we may not be able to get ALL his money back, but surely more then £200.00 which has been offered.

    Reply
  • Alison 11 January, 8:23 am

    My mum went into a Kia dealership yesterday to collect a spare wheel. While she was there she was persuaded by a salesman to put an order down for a new Picanto. She has now decided that she doesn’t want the car and feels like she was pressured into signing. There is nothing in the contract about a cooling off period and she hasn’t signed a finance agreement but they took the cost of the new wheel as deposit. I wondered if there was a cooling off period when buying a new car.

    Reply
  • Joanne 14 January, 6:32 pm

    Hi, on 17/12/03 I filled out a very short form online for a 14 day free trial on http://www.teacher-resources-uk.com I then broke up for the Christmas holiday. Today I have received an invoice to me/the school for £299.00 plus VAT which comes to £359 the letter is dated 4/01/13 I am not sure when it was received by my school. I obviously feel personally responsible for this. I have come across these websites before but never received an invoice for this let alone such a big bill. I was wondering if there wud b a cooling off period. I never dreamt that I would personally be able to sign up for a contract on behalf of the school.Can we refuse to pay? Would a cooling off period apply? I have not downloaded any resources since the first & only time on the first day of the trial. I have only been back at work for 6 working days.

    Reply
  • George 21 January, 8:04 pm

    Conservatory Sale

    We had a home visit about a conservatory we were interested in.
    We put down a deposit of £2,500 for a conservatory from Weatherseal on Sunday 6th January.
    Due to a change in financial circumstances we would be unable to pay the full amount of the conservatory.
    So we decided cancel the following Sunday 13th Jan. Weatherseal are retaining the £2,500 deposit because they maintain we cancelled too late on the 13th. We calculated that cancelling on Sun 13th was the 7th day of the cooling off period. In the contract it states min. Deposit 10% we were told to pay £2,500 which is actually 20% by the salesman at the home visit. Basically they are telling us we have to go ahead with the build or stand to lose our £2,500. Is there any way to get our money back? Can they legally keep this deposit and hold us to contract? We just thought 6 plus 7 = 13 and 7 days in a week.

    Thanks George

    Reply
  • n harvey 25 January, 1:00 am

    I viewed a flat today, and want to take it. I signed an intention to let sheet which I was not given a copy of. After signing this, I was told that the tenancy is due to start in 3 days, however I have 2 weeks notice I have to give at my current address. I have NOT signed the tenancy agreement. Do I have the right to request the tenancy does not start until after this period? And if they do not agree, can I just not sign the agreement without any comeback?
    Regards,
    Neil

    Reply
  • Andrew McNeill 2 February, 3:41 pm

    I paid today for a new Virgin Media deal at phones4u in the phones 4u shop.

    They didn’t tell me there was a much better deal on a lower spec, so I’d like to go for that one instead.

    Is there any law which states they have to do this for me?

    Reply
  • Suzanne Robinson 20 February, 5:20 pm

    I bought some photos of my daughter and ordered a CD Rom with all of the photos on it. I wanted to cancel the order for the CD Rom and phoned the company but they refuse to cancel and refund the money. Can they do this?

    Reply
  • Adam 25 February, 10:46 am

    Suzanne,

    Do you think anyone else will be interested in buying a CD containing images of your daughter?

    Adam

    Reply
  • Ben 25 February, 10:34 pm

    My partners ex mother in law has booked a holiday for herself, husband and my partners two kids (4,5) she has booked for 11 nights when only 9 were agreed. she is now saying that she cannot cancel the kids flights without loosing money.
    This was booked on Saturday, does she have a 7-14 day cooling off period? She would still go on the holiday but just without the kids.

    Reply
  • Fred 28 February, 9:09 am

    There is no cooling off period for package holidays.
    If you cancel you will lose your deposit (if 70 days or more until depature day – if it is closer to the departure day you will also lose a percentage of the full cost)

    Reply
  • karol 28 February, 8:50 pm

    18 days ago i booked a holliday with thomsons with a low deposit for next year i asked to cancel but they say i must pay another £200 wich i do not have are they right to do this ?

    Reply
  • Claire leaver 10 March, 12:29 pm

    Hi there I recently moved my horse to anew stables paying a months money in hand. After a few days it became apparent that all other horse owners in the barn were leaving due to being unhappy with the facilities stable owners etc. I then decided that I was not happy as I felt I had been lead up the garden path. I also realised quickly there is a pig feed grinder that runs intermittently 24/7 which is was not told about at all. I then decided to leave. I left on day 7 and asked if I could please can the remaining 3 weeks money returned due to the above. But they refused and returned my deposit (£50) as I had signed a contract that said I should have given 30 days notice!! But due to the above I feel there is some deception and thought there was 14 day cool off?

    Reply
  • Andy 12 March, 9:44 pm

    HI. I topped up my account on a website which sends out letters to potential customers for my business. The top-up section does not accept decimal points so when I typed in 10.00 it turned into 1000 and £1000.00 was taken from my account. My fault for not noticing but what are my rights in getting this back. None of the £1000 has been used to purchase anything. Thank you.

    Reply
  • David G 14 March, 8:21 am

    Hi,

    I purchased a 3 month subscription to a website & it has now auto-renewed itself at the end of the contract. I haven’t received any documents, I am wondering if the 7 day distance regualtions apply with this as they’ve just placed me on for another 3 months.

    Regards,

    David

    Reply
  • Oliver Duckworth 14 March, 8:35 pm

    I bought a £1299.99 SMART tv from currys on finance to find that the internet on the tv was unbelievably slow. I took it back after 8 days from delivery and they state they wont take it back as it was opened. They then said I needed a Return Authority number (RA) to state it has a fault but I needed a diagnostic check. I went home, rang The technical team and they went through the broadband issues and finalised it down to me only having 3 MB cable broadband speed and not 10MB fibre optic Broadband. They said it’s my fault for not doing my homework and the assistant selling me the Tv doesn’t have to tell me that about the broadband needs of the television for it to work.
    Where do I stand with the cooling off period? And the Fit for purpose? And being Missold?

    Regards Oli

    Reply
  • Stephen Chapman 21 March, 3:04 pm

    I entered in to a contract with Absolute solar & wind 24th February 2013, On the 25th February 2013 I decided I could not afford the solar panels and phoned them to cancel, I was told to send in a cancellation form which was on the end of the contract which I did. I phoned them the next day to see if they had received it and a Mr David Penney said no, I then phoned them on the 27th February 2013 a Mr Alan Forbes (07540885515) and he told me that if the letter did not arrived in the 7 days then the contract will stand. I then spoke with trading standards REF 11085571, they told me to right a letter to Absolute to say you have sent a letter of cancellation to Absolute quote, Consumer Protection cancellation of contracts in the consumers home Regulations 2008, which I did, I have now received a letter from Absolute saying I am still in breach of contract and I complete the contract as ordered or pay a 30%value of costs which would amount to the sum of £2,700 can you help me please.

    Yours sincerely Stephen

    Reply
  • Warren Lloyd 8 April, 8:34 am

    While in Gran Canaries we were approach in the street and given a winning ticket that required a free taxi to a hotel to collect the prize. Long story short after about 4 hours we had bought a membership to Voyager Travel with a deposit paid of 1180 euro and 3534 euro to pay. On getting back to our hotel we looked up Voyager Travel to find it to be an apparent scam. Are we were never told of a cool off period are we entitled to cancel and get are deposit back? Should a cool off period be offered for this style of sale tactic?

    Reply
  • Kate 16 April, 1:09 pm

    I’m Virgin Media customer about 3 years (TV,broadband,phone). Last Thursday I made new, cheaper deal with them (by phone) for next 12 months. They didn’t send me any letter since then, but my service changed straight after phone call. Do I have right to cancel it if I changed my mind?

    Reply
  • Peter 22 April, 8:42 am

    I bought car breakdown cover over the phone when purchasing car insurance. The breakdown policy details have too many limitations and I wish to cancel. I was not told of these limitations when purchasing the cover. I was also not told of the cancellation procedure or administration fees when buying over the phone. I only know now after receiving the policy documents. The cover does not start for another 7 days. Do I legally have to pay for the administration fees? Thanks

    Reply
  • peter johnson 23 April, 1:27 pm

    Hi, my business signed a contract for lease of wireless tracking equipment and use of a tracking software around three months ago. About 8 days after signing the contract the business ran into difficulty and we looked at downsizing. I promptly rang my rep from the wireless company and told them we may wish to cancel. I asked if there would be a charge for the full contract term if we did, and he said he didn’t know and would call me back, until then he would put our contract on hold. He has said he would call me back.
    A month passed and the company made the move to downsize, which lead to me leaving the company. As Navman didn’t call me back we cancelled the direct debit and sent an email out highlighting the situation. Now, three months later, The rep is on the phone saying we are now liable for the full payment rem of £8500 as the account is on hold still not cancelled.
    As the company is now effectively just two men, there is no way they can pay this, and with all the changes we can not find any copies of the email sent out highlighting what we intended to do. I could really do with some advise on this as the remaining members of my old company are making me directly responsible as I signed the contract.
    Is there anything can be done legally to invalidate what they are saying?

    Reply
  • graeme 21 May, 10:57 am

    Im seeking info regarding a car purchase.

    We have signed a credit agreement with the trader, just yesterday, and the car is expected pickup on thursday, yet there is just a few things that make me have 2nd thoughts about the whole situation.

    Primarily i received a call later in the day when i was home, from the sales person, who said the credit was given, but if failed on payments, the car would not be taken back, and it would be ME who is chased up in relation to any problems. this was not made aware to us by the sales person.

    Is there any way the agreement can be cancelled??

    Reply
  • gef 24 May, 2:55 pm

    i have recently got a phone from ” phones for u” which contained a summary of their T’s and C’s for their insurance the phone wouldn’t work saying ” no service”. The phone is now back in their possesion and has been for 24 hours trying to get it working . I have decided their insurance is of little use to me as it doesn’t cover loss or theft do i have a cooling off period for the insurance?, as it is sold separately. what rights do i have having signed a contract with phones for u for both insurance and phone but yet after 3 days not having a working phone. thank you for any advice gef

    Reply
  • mike 2 June, 9:05 pm

    I bought a one day temporary insurance through a website. I specified the date I wanted and was very careful in choosing the date. When the policy came through it had the wrong date and the policy was completelty useless as I couldn’t use that car on that date anyhow. I phoned the company on an expensive number and explained the problem to them. The agent told me unfortunatley due to the nature of the product you are not entitled to a refund and we cannot change the date of the policy. Do I have a right to a refund?

    Reply
  • cat 4 June, 4:47 pm

    I was talked into an IVA yesterday but changed my mind, I havent signed anything as the papers have not arrived yet, I phoned up to cancel it today and the guy I spoke to wouldnt let me get a word in, I had to hang up. Am I tied into this now by initially agreeing on the phone, I did not give them my bank details to take a payment out.
    Feeling very foolish that I got so worried about money that I let myself be talked into it so easily
    Many thanks

    Reply
  • David 4 June, 9:05 pm

    I ordered 2 items from a website, fish food and filters for the fish tank, the total cost (£32.00) resulted in free postage. They sent me the items, however I wasn’t happy with the filters and I emailed a request for a refund within the 7 day cooling off period. He told me that would be fine, but I’d have to pay £3.95 costs. I contested this over numerous emails stating my rights, he then told me the costs were due to the fact that the fish food was only £4.00, this dropped the price of the order to under £30.00 so it wouldn’t entitle me to the free postage I received. Obviously I wouldn’t have ordered fish food for £4.00 if the postage was an extra £3.95! I took advice from a website stating that by the distance selling rules he must give me a full refund within 28 days and informed him as such. The 28 days has passed and he has not responded. Where can I go from here?

    Reply
  • Patrick Sexton 5 June, 10:49 pm

    I have just arranged with SKY to take their sky talk and sky broad band. I have however been looking at the reviews the vast majority of them are bad. I was planning on waiting till it is all installed and see how it goes. would the cooling off period still be applicable?

    Reply
  • julia cunningham 12 June, 3:48 pm

    Hi not sure if you can help or not?
    We booked for three nights at the holiday inn walsall for 2 families, we through no fault of our own had to cancel as my son was no longer going to the event which had been cancelled through no fault of our own. They did not tell us how much the deposit was going to be, we have since found out that it is £144.00. We live a couple of hundred miles from the hotel and like i said where only going as my son had a judo event in the area, they have said that because we booked earlier and have now cancelled will be taking the money off of us and the only thing we can do is give them one more date ( which is no use to us) i did ask if we could go to another holiday inn and she said no as it is a franchise. it was paid for on a aqua mastercard do we have a cooling off period please, any help would be fantastic please.

    Julia Cunningham.

    Reply
  • Billal 9 July, 12:13 pm

    I gave a marketing agency £1000.00 as a reservation deposit for a new build investment. return of fee (in their small print)is subject to the developers policy.

    I met the developer after 10 days and did not wish to proceed (due to his lack of clarity) he became very stubborn and said no initially to returning the £1000.00
    However he eventually agreed verbally to it
    Now in writing he is saying no again and I want to raise this as:
    1. Mis selling
    2. Unreasonable as there are no costs being incurred for the builder

    Reply
  • Helly Keating 17 July, 1:00 am

    My fiance’ placed a deposit down at kia face to face for a new kia rio in september. When he placed the deposit the kia sales person said if he changed his mind by the end of this week he would get his money back. He rang today and was told by a different sales person that he could not have his deposit back. Hes signed no fiance agreement only a deposit agreement. Where does he stand?

    Reply
  • Danielle 17 July, 4:55 pm

    I bought an iPhone 5 from mobiles.co.uk with a 24 month contract with Vodafone. On receiving the phone I decided I didn’t like it and contacted them the next day to either return it or exchange it for a different handset. I was informed I couldn’t return it as I had used it to make a call which is stated in the terms and conditions and I accept this. However I was also told I couldn’t exchange it for a none iPhone handset because of some ‘special agreement’ with apple. This is not stated anywhere in the returns policy. I can’t believe that they are actually allowed to do this and that it is not violating consumer rights. Any help would be much appreciated, I hate the phone and just want to swap it for something other than another iPhone.

    Kindest regards,
    Danielle

    Reply
    • Adam 22 July, 4:54 pm

      Danielle,

      Who the hell wants your iPhone after you’ve unwrapped it and made calls on it? What a ridiculous post! You should have made your mind up on what phone you desired before you bought one, got it out of the box, put it together and starting playing around with it! It’s not a try-before-you-buy deal you know! Seriously, have a word with yourself!

      Reply
  • Susan 5 August, 1:31 pm

    Hi

    I was hoping you can help. I booked a hotel in New York for myself and my friends in error. I booked through Booking.com and was meaning to book the hotel as cancellable as I needed to discuss the hotel selection with my friends before confirming it. I had booked a few hotels on this website as cancellable so we could decide which one we wanted. I accidentally clicked the non cancellable box and then called the booking company and the hotel direct immediately to explain my error and ask to either cancel it or to revert the booking to a cancellable one (which costs slightly more). They are refusing to help me and are saying the booking has now been made and is not cancellable or changeable and the cost of cancellation is the full booking cost which is £1500! I don’t know what to do as I cant afford to pay for this mistake

    Please help

    Thank you

    Reply
  • BeeDee 19 August, 11:24 pm

    Has anyone any experience of whether antique and art fairs are subject to ‘The Cancellation of Contracts made in the Consumer’s Home or Place of Work 2008 Regulations’. Hence, whether there is a 7-day cooling-off period for any purchase made. The original info states that it applies to “a trade fair” but I am looking for precedence.

    Reply
  • Karen Russell 2 October, 9:01 pm

    I am emigrating to NZ from Scotland in 10days and have arranged shipment of my goods on Tuesday 8th October with an English company. When I completed the valuation form for insurance purposes I mistakenly listed almost all items to be shipped rather than just the items to be insured. When the company came back to me with the cost of insurance it was very expensive and I then amended the form by reducing items to only include items I wanted insured. I did this within a matter of a few hours but the company have got back to me advising me that as the insurance company has processed the policy there would be a £75 charge to amend it. Not only do I feel the completion of the form was not explained properly I also would expect any reputable insurance company would offer a cooling off period with no charge especially when the amendment was carried out so soon and no service has been provided as yet.
    Can you please advise me if a cooling off period should be in place without charge?

    Thanks,

    Karen

    Reply
  • Sargent 6 October, 3:29 am

    Buying furniture and signing their terms &conditions which states having done so no refund will be given unless they fail their part of the contract is this legal ???

    Reply
  • Jon Sims 13 October, 6:55 pm

    Hi,

    My son signed a rental deal for flat late on Friday but has now realised that the costs will be too tight to afford and will have to cancel. As part of the contract he signed and paid for a ‘holding fee’ of £500 which is stated to be non-refundable. Given that he realised quite quickly after signing that this was a mistake are there any legal grounds to support a request for refund of his ‘holding fee’?

    Thanks

    Jon

    Reply
  • Rosy 23 October, 10:22 am

    I bought a car from car giant and also paid £900 for their so called additional guarantee. I am not happy with this guarantee and kind of feel it was missold as you need to regularly service the car. Something I really do not do. Just MOT etc as long as its road legal. Tried calling them to ask to cancel and give me refund. 14 day cooling off period lapsed so saying cannot get my money back. Is there anything I can do about this and get my money back.

    Reply
  • Adam 24 October, 9:34 am

    Hi,

    I sighned a contract with a video/camera crew for my wedding, gave them £600 deposit, i have found sumwhere cheaper, the contract states the deposit is non-refundable if cancelled for whatever reason. Is only been 4 days since i signed the contract, is there anyway by law i can get the deposit back, because its only been a few days.

    P.s the company agreed when i visited them to expalin situation they would give me £500 back and keep £100 admin costs (this was said verbally) but now there avoiding me and not picking up the phone.

    Thank You!

    Reply
  • Karen Smith 25 October, 6:55 pm

    I paid for a 1 week holiday at a timeshare resort after a representative phoned me. I have now changed my mind, can I cancel and get my money back? It was over the phone and I paid today.

    Reply
  • JaneD 7 November, 7:07 pm

    We were due to go to an activity for my daughter birthday, it couldnt take place because of bad weather. Unfortunately the activity finishes for the year in December and 2 members of the group are unable to make a different date. Can we insist on a refund for these two people?

    Reply
  • Polly 9 November, 4:26 pm

    Hi
    I signed an agency agreement with an estate agents to market my property, I have now changed my mind and don’t want to sell, this took place 10 days ago do I have a cooling off period so I can cancel.

    Thanks
    Polly

    Reply
  • Amanda 9 November, 8:54 pm

    My husband is a tradesman. He was contacted through a internet site and invited to a customers house for a quote. This quote was later emailed to the customer so no pressure was placed. A week later this quote was excepted. My husband then posted the required quote and right to cancellation. works were carried out 3 weeks later to the customers satisfaction. However now we have asked for payment a fault has arisen that my husband is not allowed to inspect and the ‘customer’ is saying the contract is void and he is refusing to pay. Unfortunately we have no proof it was posted. please advise.

    Reply
  • frank 12 November, 1:47 am

    My girlfriend ordered a driving licence from what she thought was the DVLA (similar name) instead all she purchased was a check and completion of the application form…no licence!!! this check is cleverly priced as the same value of the licence which is misleading, although having looked at the website myself it does often say it is a check system only. Although she realised the error as soon as she received the confirmation and wrote an email saying she wished to cancel she has been told that she has no right of her money back due to the “terms and conditions” whiich she had obviously ticked the box for. Is there any recourse for our money back in this situation or must it just be a very expensive lesson learned? Cheers

    Reply
  • Toma 14 November, 6:31 pm

    Apple models (not proper modeling agency only advice agency) send my 2 year old daughter for free photoshoot at metro photography. After a photoshoot I have been told she was brilliant and would ve really suitable to do modelling. Of course if I want to apply to agencies I need send them her pictures so straight away they gave me price list to buy cd. Had to pay £500.00 for 10 picture CD. Next day I have got the list if agencies I have to apply. The list was quite short and all if then after checking reviews online apparently scammers. Reading lots of forums online I realised I was coned by Apple models and metro. If I apply with a child I font need to send professional pictures it’s ok just abnormal ones. What a great advice I have from Apple – they send me to metro as they all work together and know how to wash customers brain.all I want is to use my 30 day cooling of period for the pictures I bought. Can I use it in this case and what I have to-do next? Thanks for answer

    Reply
  • maurice stokes 24 November, 10:16 am

    Hello, 12/11/13 during a telephone sales call, I agreed to add TV to my existing broadband provider, without charge, as it was available within my existing package. Only installation charges were applicable and of course a new 18 month minimum term. They gave me an installation date of 16/11/13. I asked for a copy of their terms and conditions, and they said those would be with me before installation. They actually arrived 1 hour before the engineer carried out the installation. On 19/11/13 at around 2200, the picture became pixellated and froze before completely blanking out for 30-45 minutes. Telephone call to the call centre advised me tier hours were 0800 – 1800, and to call back. When I did on 20/11/13, I was advised that my only available action was to report the fault and let the engineers try to fix it, which I did. Exactly the same thing happened at around the same time on 21/11/13; 22/11/13 & 23/11/13. I consider this unacceptable and wish to cancel the service. I also feel I I should not pay the installation charge and return the equipment. What are my rights?

    Reply
  • Charlene 17 December, 8:23 pm

    Hello I ordered a item, recieved it, didn’t fit so sent it back for full refund emailed company to let them know. They said they would notify me when processing my order for return, I left it 10 days then emailed asking what is happening, to which they didn’t reply at first, so I looked up on reviews for this company to be shocked that many people were saying that they sent items back, then the company would say they haven’t recieved their parcel so therefore no refund. So I emailed again then they replied saying the exact same thing to me that they haven’t recieved it, so take it up with Royal Mail. I sent them my proof of purchase my receipt from the post office. To be told not good enough because their address has been handwritten , I have no idea why the lady at the post office done that, but has date and time on receipt, exact date of when I emailed them to say I have returned it. What are my rights?

    Reply
  • ann orme 25 December, 11:35 pm

    I have paid £2230 cash for a suite from SCS about 3wks ago they said they could not deliver it until 10th Jan now they are advertising it up to 30% off can i get some of my money back .They were advertising delivery for Christmas but when I chose the suit they said said it was limited stock only and I signed the paperwork and they said they would do their best to deliver for Xmas knowing I had recently lost my husband the following day the girl rang me to say they couldnt get it in time.Thank you .

    Reply
  • Jen 15 January, 10:27 pm

    I ordered sofa by phone in November last year. I paid £200 deposit and was informed that it would be
    delivered around 20th January .Due to my circumstances changing two days later I rang back to cancel
    the order and was told that as the sofa was already being manufactured I couldn’t cancel.
    The only paperwork I have received is a credit agreement which I was asked to complete and return A.S.A.P.which I retained.
    I sent a registered letter the following day explaining my circumstances and confirming that I was cancelling my order. Since then I have received nothing except several texts telling me my sofa is ready!
    my o

    Reply
  • Anthony Demarco 12 February, 4:39 am

    I swapped two rings for one ring In a jewellers shop , and took it back 30 mins later as I was advised it wasn’t worth as much compared to the ones I gave him ? Evan I was assured by the jeweller that it was ?. He said he had sold them already and that a deal is a deal ?
    There was no paper work signed or receipt written. ! I do have my own receipt on the rings he took from me which was given to me by another jeweller a while ago ? What can I do as I either want my original rings back. , or at least the equivalent in what they were worth in cash !

    Reply
  • D 21 February, 2:26 pm

    Hi, could anyone tell me the policy regarding auto renewal of subscriptions? mainly, should I be informed in writing of an upcoming subscription renewal, before they take the money fro my bank account?

    Reply
  • FP 21 February, 2:45 pm

    Hi
    We entered a contract agreement with a franking machine company for 12 months. We never received a full T&C’s and all we got was an email with a document showing that the contract was for 12 months that we had to sign and date, as well as a direct debit for the same.
    As we are coming to the end of the 12 months, we want to cancel the contract upon its completion and contacted them.
    They say that they have automatically renewed the contract for another 12 months as cancellation of contract they require 90 days.
    The issue we have it as they never sent us any documentation apart from the scanned agreement and direct debit, nowhere in that document does it state any 90 day cancellation. They never mentioned this on the phone/email or in any paperwork .. though they didn’t send us any hard copies to be honest.
    Surely they are not allowed to disguise cancellation policies and are supposed to have sent us T&C’s either in electronic or paper format which they did not?
    Are we within our rights to cancel once the initial 12 month contract expires?

    Reply
  • Elaine New 28 February, 6:09 pm

    How long by EU (Spain) law do we have to cancel a contract.

    Reply
  • thato 1 March, 3:02 am

    Credit application signed, awaiting outcome. Can you tell the credit provider that you do not want to buy on credit anymore with them?

    Reply
    • thato 1 March, 3:14 am

      Signed a written agreement buying a car,signed at the dealership premises,price is R300 000 and payable on installments.Paid first installment,car with me for 4days.Would like to cancel the agreement,because i do not want the car anymore.Can i also get a refund of the money paid?

      Reply
  • Nicola Blatchford 24 March, 2:10 pm

    Hi, I was looking to buy a car a couple of weeks ago with my husband. We were looking at used cars, but Nissan talked us into entering into a PCP contract which meant we could get a brand new car. We made it clear from the onset that our monthly payments could not be any more than £200. We were in there some time and the dealer got us involved with all the hype and we ended up agreeing to pay £258 per month. I signed the agreement. We were told we had to pay £250 deposit that day and a further £750 when we collected the car. A total of £1000 deposit. I paid £250 deposit on my debit card. It wasn’t until we got home and worked out our finances properly, that we realised we couldn’t afford it. I signed the agreement around 5.30pm on Saturday 8th March. We phoned Nissan on Monday 10th to cancel the agreement. The dealer who sold us the car was off, so we spoke to the Sales Manager. He told us we would lose our deposit of £250 as the car had been ordered to our spec and he also said that they had the right to collect a further £750.00 from us. The following day, Tuesday 11th March the dealer who sold us the car phoned and tried to talk us into it again. We again made it clear that we couldn’t afford it. He wasn’t happy and threatened us, telling us we’d have to pay a further £750. I e-mailed the Sales Manager again, telling him we would not be going ahead with the car. He sent me a message back confirming receipt. I haven’t heard anything else from them so it is unlikely they are going to make me pay the £750. What I would like to know is am I entitled to my deposit back? He told me I’d lose the deposit due to an administration fee. Surely there should be some cooling off period. I have read the terms and conditions but it doesn’t mention anything about a cooling off period. Any advice you could give would be much appreciated. If I’m entitled to my deposit back then I’ll get back in touch with them. Many thanks.

    Reply
  • dave brown 10 April, 10:27 pm

    My daughter bought 2 dresses on-line but didn’t like them when received. She returned them within a couple of days but the shop will only offer vouchers, rather than a cash refund. Is this legal ?
    Thanks

    dave brown

    Reply
  • Karen Lowe 19 April, 11:50 pm

    Hi I purchased a Microderobrasion machine from home based Beauty Business Acedemy whilst on training t course. There was no paper work eg no certificate of conformity, no warranty as promised. Receipt would be sent on as I paid paid cash be cheaper. When I returned home unpacked machine noticed the manufactures seal was broken were the machine had been opened & on closer inspection there are scratch marks on various pieces & attachments showe signs of wear. The box date shows 2011. the machine sold as brand new. regards Karen

    Reply
  • John Norton 23 April, 8:27 am

    My friend booked a holiday for the both of us as he was the Lead I asked him to go ahead assuming he would only pay the deposit and also to book only if he could arrange a nearby feeder coach for me he did not do this and he paid the full cost of the holiday which I I did not agree to also he did not ensure local feeder coach for me.and there is,t any.Am I liable to pay him any money,and or can he claim a return of funds under a cooling off period? Thank You John Noryan.

    Reply
  • Lorraine 13 May, 8:24 pm

    we got a free wk holiday in tenerife but had to go to a presentation where we got talked into buying credits we paid £1000 we have to send them a further £8200 they said there is no cooling off period I have wrote to eze groups office in Birmingham they haven’t got back to me but the office in Tenerife has they say we cant get out of it can you help is this true

    Reply
  • Mrs smith 18 May, 8:52 pm

    Bought a suite from scs paid cash £1300 silly I no, the smell is.not fir for purpose, had upholtster said could not smell it, the smell is toxic, have. O pets children don’t smoke room has been sealed of for two weeks, got trading standards on it now been back to scs to see manager and was spoke to like something of your shoe, so so rude can you help, I’m desperate, it’s making me I’ll my whole house smells awful.

    Reply
  • Richard symonds 24 May, 1:37 pm

    Does the ‘cooling off’ period apply to verbal agreement and ‘handshake’ between two private individuals [eg sale / purchase of a car] when a deposit has been paid ?

    Reply
  • John 27 May, 11:37 am

    A firm offered to get me money back under the direct debit indemnity claim.
    I signed the agreement and went through the process then had second thoughts after speaking to the bank but it was too late I had signed and the money was in the bank.
    The next day the money was taken back out and a different sum was credited lower than the original that I had signed for, they had obviously made a mistake on the form and and had stated 7 payments of the sum not 6 which was the true sum.
    All I received was a poorly printed invoice with the sum claimed back less their fee plus VAT payable when I receive payment but the invoice is wrong as the amount is wrong. Am I free of the legal obligation to pay as the amount I originally signed for is different to what I received.
    There is a list of 5 terms and conditions but none about the right to cancel.

    Reply
  • Steve 29 May, 6:51 am

    2 days after discussing a kitchen in store I spoke with the store by phone and negotiated a price on the basis of some changes to some of the items discussed. I paid a 10% deposit by phone to secure the price. They have now sent through full details and these exclude certain items that I’d believed were still included. I have yet to sign the paperwork. Do I qualify for the cooling off period if we no longer want the kitchen if they won’t include all the missing items?

    Reply
  • tom 13 June, 10:41 am

    Hi, I’m looking at buying a new exhaust and a re map for my car. Do I have a cooling off period if I don’t like the new system? Or because it is effectively second hand will I not get one?
    thanks.

    Reply
  • Emma Townsend 13 June, 11:07 am

    We ordered a sofa from Natuzzi (in store) a weekk or 2 ago and paid a deposit of £450. However since then the purchase of our house as fallen through and we no longer want the sofa. The sofa was made to order. Will we be able to get our deposit back?

    Reply
  • Richard 13 June, 5:25 pm

    Found a car to buy at a cost of £1650 plus mine as part exchange. I put the money on my debit card and signed the order form (there is no information about cancelation on the order form)

    In the few days waiting for my new car mine has broken down. I rang the garage stating that my car was not on a state to part exchange and I now need the money back to get mine on the road.

    They have refused to give me my money back until they work out their out of pocket expenses!

    They have no cancelation policy on line. What can I do and how level of out of pocket expenses is acceptable? This has happened in 3 working days, would the cooling off period come in to play?

    Reply
  • Carol 14 June, 4:28 pm

    I ordered a package from BT from the internet, does the distance selling regulations apply as I am not happy with one part of the package and been told that there is no ‘cooling off’ period

    Reply
  • p.quinton 24 June, 9:05 am

    I have orderd bt phone and internet on line payed a years line rental in advance and was to come live on the 20th june but it has now been told the line has a fault on it in the house i have moved into and now they want £129.00 to check the line if the fault is inside the house i have to pay my phone is working ok i had it tested so i told them to cancel contract and refund my money they said i cant is this right i was told that the line was live when they checked it on lineplease could you help with advise as i dont see wjy i have to pay for a service i cant recieve

    Reply
  • Marie 30 June, 3:32 pm

    I accidentally booked an incorrect car park (airport parking) I noticed as soon as the reservation confimation came up. I called within seconds of this & messaged them to cancel this so I can rebook. I was told I probably wont be able to as I didnt select the ‘cancellation insurance’. As I tried to amend a mistake immediately surely I should be able to get a refund. It is well within 7 days?

    Reply
  • Brian de la Haye 8 July, 1:20 pm

    Dear Sir or Madam

    Five days ago I purchased a one year subscription to the Eurosport channel on the internet thinking that it would allow me to watch it on my TV. Within hours (of trying to get it on my TV) I discovered that what I had purchased was in fact a subscription to watch the channel on a TV that is connected to the internet, which I do not have. Realising that what I had purchased had been a genuine error, I immediately contacted Eurosport (by email) explaining what I had done and asking if I might cancel my subscription and be re-funded my full payment. They have replied to say that this is not possible as I have paid for a one year contract and will not be able to cancel this until one year has passed. I feel that this is in breach of any “cooling off period” and am left out of pocket with a service I cannot use. Do I have any recourse and if so, to whom?

    Sincerely

    Brian

    Reply

Next post:

Previous post: