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Unbreakable Contract


RJPablo
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10 days ago I signed a contract to by a 3 piece suite. The contract says I cannot cancel after acceptance. But I now want to cancel. What can I do? Help help help PLEASE

 

Charlotte

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Tricky. Have a read through this page and see if any of the situations apply to you.

 

From what you write, I'd guess no. But you could be "lucky" if they don't deliver in a timely manner. And read through all the other outs.

 

Your rights - How to cancel a contract - Your rights - Which? Advice

 

 

Making time of the essence

 

However, if you didn't buy online, or your cooling off period is over, you can only cancel a contract if you made ‘time of the essence’ (specified that you wanted the goods by a particular date, for example for someone’s birthday or Christmas).

You can also cancel if the seller doesn't provide the goods or service within a ‘reasonable’ time. But sellers often don't specify a time limit for delivery and defining what is ‘reasonable’ can be tricky.

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I would ask the CAB and ask about 'The Unfair terms in Consumer Contracts Regulations 1999' in the fairness section it states that contracts should:

 

-Be fair

-Adhere to the requirement of good faith

-not cause a significant imbalance in respect of the rights and obligations of the various parties to the contract to the detriment of the consumer

Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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I would ask the CAB and ask about 'The Unfair terms in Consumer Contracts Regulations 1999' in the fairness section it states that contracts should:

 

-Be fair

-Adhere to the requirement of good faith

-not cause a significant imbalance in respect of the rights and obligations of the various parties to the contract to the detriment of the consumer

 

 

That's interesting. Does the contract forbid the buyer backing out of the contract in any way, but allows the seller an out?

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There are three main ways to cancel a contract.

 

1. Where the contract itself allows for it

2. Where legislation provides for cancellation (such as a cooling off period)

3. Where there is a breach of the contract or where terms are incompatible with legislation and the contract cannot continue without that term (i.e, unfair terms).

 

You will need to scan through it and see if any of the above apply. Can you scan it and post on here for people to have a look through for you?

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  • 2 weeks later...

A car salesman talked me into buying a three year service contract for my new car a few months ago. I now wish to sell the car, and asked his boss to have my money returned as i have not had any servicing done. He smugly replied "it's not going to happen". When asked if contract was transferrable to new owner, answer still no. Also asked if money was refunded in case where car was written off before any servicing, answer was "try&claim on your insurance". So, once signed, this contract is unbreakable!!!! Does the 1999 act pertain here?

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Lasertung:

 

Read the contract carefully - does it say anything that suggests the garage have the right to alter or discharge the contract?

 

If it does, you might have success under the 1999 regulations:

 

SCHEDULE 2

Regulation 5(5)

 

1 (f) authorising the seller or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the seller or supplier to retain the sums paid for services not yet supplied by him where it is the seller or supplier himself who dissolves the contract;

 

(g) enabling the seller or supplier to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;

 

As for if your car was written of - you could always claim that the contract is frustrated!

 

 

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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