Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.
When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.
I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now.
Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.
Ok thanks DX, so i reclaim these charges and default sum fee's
Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.
I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so.
You've waited this long, another 24 hours won't make a big difference. You may as well get it right
Please will you tell us the name of the builders.
http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period.
I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him.
In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information
Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet.
On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people.
If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made
Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you.
Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!