Cancelling of a waste contract

[FER]

We signed up for a new waste removal contract after getting a quote off a comparison site. Then talking on phone and by email.
We them realised we had misread our other contract and couldnt cancel for 6 months. We wrote asking to cancel. Was withing 14 days of signing contract.

In this time the bins had been delivered...nearly 5 weeks early. Also the invoice sent was incorrect so we raised complaints about this. They then took the direct debit payment from our account 4 weeks earlier than the stated date. After this we reiterated we wanted to cancel due to these financial issues.

We feel that as this was a distance contract...no face to face contact we should be able to implement 14 days cooling off.

We have not received any waste removal as date for this was due to start June 9th.

They are refusing to allow us to cancel.contract. have said they will defer it to end of contract period with current supplier. Or will allow us to cancel if we pay 43%of charges.

We feel that due to the issues we have had so far. .. continuing with them not picking up the bins as promised. .. we feel they are not providing a service for for purpose.

We have not yet received the direct debit money back as they are holding it to offset against any penalties we will incur due to cancellation.

Any advice welcome

 

[Mr D]

Does the contract you have signed have any cancellation clauses? Does it say anything about '14 days'?
Business contracts are not the same as consumer contracts.

 

[FER]

Does the contract you have signed have any cancellation clauses? Does it say anything about '14 days'?
Business contracts are not the same as consumer contracts.

Hi...thanks....did wonder this.

No it doesn't. There is a line about no.penalty if we have received a service of less than one month. They classify delivery of bins as a service. Our argument is they were delivered earlier than agreed date bit we requested cancelling before this. If it had been only just this bit we would have taken the delay of start of contract. The bit I am most annoyed about is the taking of the direct debit and still not immediately repaying it on top of the invoice being incorrect.

 

[ethical PR]

In what way do you feel they have broken the terms of the contract you signed with them?

 

[FER]

In what way do you feel they have broken the terms of the contract you signed with them?

Taking a direct debit a month ahead of the date the first one shoul have been taken. Delivering the bins over a month earlier than date given so leaving is to try and store two additinal bins within our warehouse...along with the ones we already had. Very poor service standards so far from their accounts and their logistics. They have not returned the money they have taken in error. .

 

[obscure]

OK lets me honest here. You screwed up by signing a contract you shouldn't have and now you're trying to find an excuse to get out of it.

Does the contract actually state the date on which the bins are to be delivered or just the date on which the service starts? The bins need to be in place prior to commencement of the service. Unless the contract specifically gives a delivery date then I believe that most people would consider early delivery to be a sign of good service and not a failing.

On the issue of early payment I can't comment without seeing the agreement. Some agreements allow for a payment on signing, with monthly/quarterly payments thereafter. If your contract specifies an actual date for the first payment/does not allow for a signing/commencement payment then that would be a failing by the supplier and you should ask for the money to be refunded and debited again at the correct time. Whether that would constitute a serious breach of contract is something you will need to discuss with a lawyer who has sight of the agreement.

 

[FER]

OK lets me honest here. You screwed up by signing a contract you shouldn't have and now you're trying to find an excuse to get out of it.

Does the contract actually state the date on which the bins are to be delivered or just the date on which the service starts? The bins need to be in place prior to commencement of the service. Unless the contract specifically gives a delivery date then I believe that most people would consider early delivery to be a sign of good service and not a failing.

On the issue of early payment I can't comment without seeing the agreement. Some agreements allow for a payment on signing, with monthly/quarterly payments thereafter. If your contract specifies an actual date for the first payment/does not allow for a signing/commencement payment then that would be a failing by the supplier and you should ask for the money to be refunded and debited again at the correct time. Whether that would constitute a serious breach of contract is something you will need to discuss with a lawyer who has sight of the agreement.

Hi Dan

Thanks for this. We acknowledged our original.error with them....no.problem there. Had made agreement to defer contract for the year and we'e grateful they had done this.

As.said. Since then we have had issue of the money being taken out prior to stated date. This was within 3 days of 29th of month preceding contract being started and they took payment 3 weeks before this.

As you suggest...we may have to just live with this, learn from it and move on. The joy of moving from a small business where I had sight of all contracts to a point where handing over responsibilities to others.

My plan is to reply and to ask for a compromise that we defer contract as planned but if there are any further financial.errors that we should be allowed to pull out of contract without penalty if the company is to blame. Will see how it goes.