Pay Weekly Carpets - Credit Agreement

[phteven79]

Hi

 

I recently got measured up by a rep from Pay Weekly Carpets. It was a good idea at the time but now after receiving a tax rebate and my brother in law hearing about the price I was quoted, he advises me can point me towards much more affordable sources of the flooring I want fitting and he'll put it down for me.

 

The credit agreement I signed says the £40 deposit is non-refundable. I accept that I probably won't get anywhere with that.

 

What does concern me is that the document has the standard heading of;

 

Hire Agreement regulated by the Consumer Credit Act 1974.

 

But in the key information section there is a line under the heading of cancellation rights that says;

 

"You have no right to cancel this agreement under the consumer credit act 1974, the timeshare act 1992 or the financial services (distance marketing) regulations 2004.

 

I and the rep signed it on 3/11/16. I've just read the Which consumer page on credit agreements and it says I have the right to cancel within a 14 day cooling off period?

 

Can anyone confirm for me that is the case so when I do cancel and they try to argue the toss with me I can say to them there's nothing they can do?

 

One thing that bothers me if they do get nasty is they now have my debit card details so I'm guessing I'd need to cancel my debit card to stop them taking payments, even though I haven't actually signed a separate CPA agreement.

Edited November 9, 2016 by phteven79

[havinastella]

The T&C's on the website don't load, I wonder why!

 

The only reason I can see why you couldn't cancel would be if the carpet had already been cut to size. I doubt this would be the case. I would cancel this asap as these companies charge a complete fortune for sub standard materials.

[dx100uk]

under CPA you can cancel any contract or agreement within 14 days for any reason you like

inc any stupid supposed non returnable deposits

 

 

dx

[Andyorch]

" I and the rep signed it on 3/11/16."

 

Where did you sign it...home or in store?

 

Andy

[brassnecked]

That non cancellation term is likely an unfair term under UCTA :

 

The Unfair Contract Terms Act 1977 (c 50) is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation.

The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a consumer.

It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083),[1] as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

(from Wikipedia)

 

http://www.legislation.gov.uk/ukpga/1977/50

 

 

Threaten them with it if they become stroppy.