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Cancelling contract - help!

Last post Wed, Nov 10 2010, 8:49 AM by Jalexa. 2 replies.
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  •  Wed, Nov 10 2010, 8:49 AM

    Re: Cancelling contract - help!

    maxsteam:

    If you are sure that you are in the right and as long as you are willing to stand up for yourself, you should cancel any direct debit.

    I think we have had this debate before, and I note you have qualified your advice without explaining what might be necessary to "stand up for yourself", but in the absence of agreement about the contractual position, cancelling the direct debit simply invites a credit file default entry and potentially debt recovery enforcement.

    I once had a similar though not identical experience with the same company. I fought it on strict interpretation of the contract, contract confirmation timings, the Telecoms Licence General Conditions and threat of reference to Plusnet's Alternate Dispute Resolution provider. They conceded.

    One thing that the OP needs to consider carefully is that if the contract confirmation stated an earlier start date for the activation of the service than "7 working days" then the entitlement to cancel ends on the activation of the service. Of course I invite keener legal eagles to confirm or correct that.

    The best way (essentially the lowest cost way) forward requires consideration of the reasons why the OP wanted to cancel and whether any alternative service is sufficiently better and/or cheaper to justify the hassle.

    • Post Points: 5
  •  Tue, Nov 09 2010, 10:36 PM

    Re: Cancelling contract - help!

    My guess is that, if you calculate the period yourself, you will have cancelled within the correct period. The distance selling regulations give you seven working days from when you receive notification of your right to cancel. Obviously, if they were closed Saturday and Sunday, those days do not count as part of the 7 working days.

    You should write to them stating what has happened, stating when you made contact by email and by phone and mentioning the distance selling regulations (I'm assuming that you ordered by phone or over the internet). Trying to sort this all out by phone may lead to them being "unable to find a record of that call". If you are sure that you are in the right and as long as you are willing to stand up for yourself, you should cancel any direct debit. If you are cancelling within the cooling off period provided by the distance selling regulations, you are entitled to a full refund of any payments and you will be required to return any equipment received. If returning items, you can consider using a delivery service like recorded delivery if there is a chance that the retailer may want to deny receipt.

    • Post Points: 20
  •  Tue, Nov 09 2010, 11:36 AM

    Cancelling contract - help!

    i wanted to cancell plusnet before i set it up in my premises and decided to cancell with them i could not contact them as the where closed saturday and sunday i could not get them on monday so i sent an email to them and contactyed them today they said i was out of my 7 days and they had activated the internet and i would hav to pay £50.00 to end the contract so i phoned again and the man said i would have to pay £90.00 to end the contract and had a very bad attitude with me i asked to speak to a manager and he refused

    i dont knw if any one can help

    • Post Points: 20