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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, my father at the age of 77 was persuaded into getting an

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Hi, my father at the age of 77 was persuaded into getting an alarm installed in his house, and signing a 5 year maintenance contract for £2500. This was June 2012. After several false alarms he dismantled the system and took it to the tip, and is asking for a refund of some of the maintenance charge, there does not seem to be a clause in his contract that allows cancellation, can this be right?, and what should he do, the company have ignored his letters. Advice appreciated please. Thanks.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 3 years ago.
The question is can they really have a 5 year contract with the option to cancel, (apart from in the first 7 days) and how do I get a refund, Small claims court?
So he paid up front for this?
Customer: replied 3 years ago.
Yes, he paid £2500 upfront for the 5 year maintenance, and around £100 for installation. Whether he fully understtod what he was signing for I am not sure, his memory is not good.

I am going to be brutally frank
with you and tell you that by ripping the system out, and putting it in the
bin, he is probably shot himself in the foot. He has destroyed any evidence he
has that would have enabled him to get a refund.

He paid £2500 for an alarm and
five years maintenance and he could have had five years maintenance of the
alarm and sued them for breach of contract if they did not do that.

This is not one that I would be
taking to court.

I'm sorry, I appreciate that this
is not the answer you wanted but there is no point in me misleading you.

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the question.? Can I assist any further?

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follow up any individual point you make

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Customer: replied 3 years ago.
Hi, just to confirm, the Company do not have to offer any option of withdrawing after 1, 2, or more years, or accept the possibility that he might change his mind within the 5 years,or move elsewhere, and that this is a fair contract for an elderly pensioner to sign? I agree it was not a rational response to take out the system after he was having problems with false alarms, but you could argue he wasn't thinking clearly in signing it in the first place. Maybe it is more a matter of Office of Fair Trading?

By all means refer to Trading Standards (it isn't an OFT matter) if they are preying on elderly and vulnerable

The co don't have to offer cancellation period within that 5 years, no, sorry.

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