what are my legal rights?

[smitchell371]

Can I cancel a finance agreement and get my money back ,if the goods that Ive bought are not sent or any contact from the supplier, about the goods after 14 days?

[Ethel]

What time frame were you given for delivery?

[voltr4m4x]

There are three basic principles under the general law relating to the sale and supply of goods or services:-

1. Can I make the seller perform the contract ?

2. Can I get my money back ?

3. Can I get compensation ?

As part of your will to cancel your contract (ie the finance agreement) you are also asking whether you are able to get your money back.

Let me be quite specific that when a consumer enters into a contract for the purchase of goods or service he is under the basic obligation in English law to pay the contract price. There are cases where the consumer is relieved of his basic duty to pay yjhe price of goods if he has already paid for them. These are:- (1) where the contract of sale is rescinded for misrepresentation; (2) where specific goods perish before the risk has passed to the buyer; (3) where a contract for the sale of goods is discharged as a result of the supplier's breach; (4) where the consumer exercises a contractual or statutory right of cancellation.

If, therefore, the goods were promised to be delivered within a specific period of less than 14 days and this has not transpired then you are entitled to cancel the agreement and claim your money back. However, insofar as I am aware, most sellers do ask the consumer to wait 28 days for delivery, so you may have to remain patient for a little longer.

[smitchell371]

Thanks....this is the situation. In 2006 I used finance to pay for a Driving Instr course. �2945.00p A buy now pay later.Tried to cancel but was rejected, ( long story )Spent all of 2007 trying to cancel the agreements through CAB, Trade Standards, solicitors and media but no joy,so course was kept open for me indefinately. Still paying the finance at present. 2 weeks ago I ordered books and asked about a start date for the course was told books would be sent and someone will call next week, but I have had no books and no response from course suppliers for 14+ days now. What do I do now? Do I now have every right to cancel? Do I contact finance company and say unsatisfactory service from supplier? Stop paying finance? Contact supplier and say not fullfilling contract? What? I really am sick to death of this. I really need a 100% get out of this. please help..

[voltr4m4x]

Yes, thanks for your response. As I now understand the situation you were unsuccessful in attempting to cancel a contract in 2006 for a Driving Instructor's Course. Putting that issue aside, I need to get clear what the course for which you ordered the books are related to ? Is this another course, separate to the driving instructor's course ?

[smitchell371]

Thanks...the books are for the same course that I tried to cancel in 2006. Yes its been over 2 yrs,well.. nearly 3. However, I was told that the only way to get out of this, was if they failed to supply the course?? So I asked for the course study books and for someone to call about a start date etc etc.So surprise, surprise they never sent them or called. Can I cancel? (supply of goods and services act????)

[voltr4m4x]

Yes, exactly as I imagined. The fact remains that you re-opened the terms of the existing contract by ordering books for the same course which you intended to study. You would clearly be in breach of contract if you did not follow up your intentions. Sorry that this seems to be somewhat negative, but that is a fact in law.

[smitchell371]

Once again many thanks for the advice. If this was you what would you do?

[voltr4m4x]

I apologise for not getting back to you sooner, but I have been away in Germany over Christmas.

What would I do ? Personally, I would continue to make payments as normal but continue to bring some pressure on the company to provide you with the course material. Keep copies of all correspondence - that is essential.

Check with your Bankers that all payments are being made to the company with whom you have a signed agreement.
being especially careful to ensure that no third-party organisation has subsequently taken over the business.

If you are in any doubt about the authentiticity of the company, ie whether it is the same company with whom you have a contract, then stop the payments immediately and advise the company in writing of your intentions.

If the course material is not supplied to you in accordance with a written agreement signed between yourselves (that is: you as an individual and the company) and you are thus prevented from following the course then the company are in breach of contract and you can take action accordingly.

It seems to me that in the past you may have attempted to act in haste - too early - and that is why you have previously had little or no positive response from your local solicitors/citizens advice bureaux previously.

Good luck !