Safestyle UK Cancellation Rights

[Kittens Mittens]

Re: Safestyle UK Cancellation Rights

The surveyor did come out on what they deemed was the 7th day (really 6th). We cancelled on what they deemed was the 8th day (7th). I hope they haven't started to make up the windows while we are in dispute

[charitynjw]

Re: Safestyle UK Cancellation Rights

It might be worthwhile having a browse through these (look in 'Customer Leaflets' section)
http://www.ggf.org.uk/publications

Also http://www.ggf.org.uk/homeowners-consumer-protection

[basa48]

Re: Safestyle UK Cancellation Rights

I think I may have found something.

Anticipatory breach of contract

When one party (KittenMitten's neighbours) informs the other party (the 'injured' party, aka SS) of their decision, for whatever reason, that they are not going to perform their part of the contact (in this case, cancellation).

The injured party has two choices

1 Not to accept the repudiation, & expect the other party to honour the contract. (ie. let SS supply/fit the windows/doors & pay up)
2 To accept the termination of the contract (cancellation), & possibly seek 'damages' (restitution).

However, should the injured party choose option 1, they need to make this intention to carry on with the contract clear & unequivocal.

Yukong Line Ltd of Korea v Rendsburg Investments Corporation of Liberia [1996] 2 Lloyd's Rep 604 (Commercial Court)

Bell Electric Ltd v Aweco Appliance Systems GmbH & Co. May 2002 [2002] EWHC 872 (QB)

Restitution

Where the innocent party has suffered no loss, they can usually only recover nominal damages, especially as there was no 'unjust enrichment' gained by the party in breach (KM's neighbour).

Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361

(Please note; these are only my thoughts, not legal advice)

I understood (maybe from the other thread) that SS had stated they expect the OP to honour the contract or they would sue.

You will find that SS will argue that they have started production (even if they haven't - and in this case they would be mad to start given the OPs comments thus far to them). In any event you will probably find SS will 'demonstrate' costs fairly close to the contract value.

IMO (and it pains me to say this as I have nothing but contempt for SS) the OP should continue with the installation or anticipate a legal fight.

I would discuss this all with a solicitor and come up with a 'game plan'. Maybe a well worded solicitors letter may make SS realise the OP means business and back off if only to come to a mutually acceptable settlement.

[charitynjw]

Re: Safestyle UK Cancellation Rights

Hopefully, the proposed Consumer Rights Act will stop this disgusting practice.

[CleverClogs]

Re: Safestyle UK Cancellation Rights

Hopefully, the proposed Consumer Rights Act will stop this disgusting practice.

In the way that the so-called "Protection of Rights Act" stopped the abuses of the private parking parasites?

[charitynjw]

Re: Safestyle UK Cancellation Rights

In the way that the so-called "Protection of Rights Act" stopped the abuses of the private parking parasites?

That would be the "Protection of Private Parking Parasites' Perceived Rights Act"?