Q. Last week I telephoned a local trader who sent someone out who provided a quote to replace my bathroom suite. The quote was fine and I paid him a deposit and they are due to start the work next week. However, my husband has just been made redundant and we can't afford to proceed. Can I cancel?
A. You have entered into a contract for services and ordinarily, as a contract is legally binding, you would not be able to cancel a contract like this, unless it had been specifically agreed that you could.
However, because this contract was made at your home (i.e. when you accepted the quote it was at your home) there are special regulations which apply and which allow you a 7 day "cooling off" period and you can cancel the contract within that period. The trader must provide you with written notice of that cooling off period and provided you are still within the 7 days you can cancel and get your deposit back.
Q. I am within the 7 days but I didn't receive notice of the right to cancel, it was all done verbally. Where does this leave me?
A. A trader cannot enforce a contract where it has not given the consumer notice of the right to cancel. Therefore you are entitled to advise the trader that you do not wish to proceed with the contract and you are also entitled to your money back.
Furthermore, a trader is guilty of an offence if they enter into a contract to which the Regulations apply, but fail to give notice of their right to cancel and they could be fined.
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
