It was time to get his chimney fixed so Eddy hired a masonry company to do the repairs. After quite a delay in getting any work done, the masonry company tried to convince Eddy he had a mould problem in his house and they could help.
Eddy had a background in the trades and knew there was no mould problem. This was a red flag for him so he decided to cancel the contract and get his deposit back. Something just didn’t feel right. When the business owner stated all deposits were non-refundable, Eddy got nervous.
“I’m pushing 80,” says Eddy, “and [the owner] was fighting me on this tooth and nail. At one point, I had to order him off my property.” That’s when Eddy decided to reach out to Consumer Protection BC to see if they could help.
It was determined the business didn’t have all the required content in their contracts and Eddy was within his rights to cancel. Consumer Protection BC’s involvement resulted in a full refund.
Eddy stresses the importance of practicing due diligence when hiring someone to do work on your house and to make sure you ask around about the company’s reputation. “Normally I am very careful with these kinds of things,” Eddy says. “But sometimes you get caught off guard. I’m thankful things turned out the way they did.”
* Names changed to protect the privacy of the individuals involved.
If you feel like something isn’t right, reach out to us
If you walk away from signing a contract or paying for a product or service and something just doesn’t feel right, contact us. We are responsible for overseeing certain consumer protection laws in British Columbia, and we are also a step on your path to a solution. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best solution. Either way, we will do our best to help you figure out the best path to take.
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8 thoughts on “Contract requirements: how Eddy was able to exercise his cancellation rights”
Not sure what to do first. I hired a contractor to do a deck repair I paid for materials in advance and he kept putting me off and delaying the start and now is a complete no show. I have asked either for the materials I paid for or my money back and he has done neither. I have since found ourt he has done this to someone else. I contacted police and they are looking into fraud but I’m wondering what is the best avenue to get my money back
Hi Bev, thank you for reaching out to us. It sounds like we may need a bit more information from you in order to point you in the right direction. Would you mind giving our inquiry centre a call? Our phone number here is 1-888-564-9963. Thanks!
I got into a misleading information about payments of a vacuum cleaner. The numbers are not clearly written. It says 60 consecutive months to lay $100.28 so i called them and tried to cancel but they said that it was final sale. They gave me another option to pay 36 months of $100.28 or i can cancel it but to pay 10% of the total amount. What should I do?
Hi Ara, thanks for reaching out to us here. You have 10 days to cancel your contract for ANY reason. Has it been longer than 10 days? If so, there is very specific information that must be in your contract, and if it isn’t in there you are within your rights to cancel. There are also other rights that consumers have in this situation. You may be interested in checking out this page on our website for more info on this: https://www.consumerprotectionbc.ca/2015/07/salesperson-at-your-door-know-your-rights/. This page also has a lot of helpful info: https://www.consumerprotectionbc.ca/consumer-help/consumer-information-door-door-sales/
I would recommend taking a look and seeing if any of that information applies to your situation. If you have any questions or want clarification on your next steps, please give us a call 1.888.564.9963. Thanks!
David and Linda Pestes
2440 OLD OKANAGAN Hwy
FEB 24, 2019
we have recently been defrauded of $11,800 by WEST KELOWNA FINE CABINETRY. I have all the hard evidence to prove that NO Work was done and no materials provided and no date for installation was forthcoming until after we cancelled the illegally prepared contract which had no cancellation clause and was deceitfully presented to us. I will phone on Monday, Feb 25
. Please email us so that we can forward evidence by email to you.
David and Linda Pestes
Hi David and Linda, thanks for reaching out to us here with your concerns. If you would like to submit a complaint about the business, please do so online here or give us a call at 1.888.564.9963. We look forward to hearing from you. Thanks!
What about if there was no written contract at all? I had a similar situation but there was over a year’s delay in making the refund claim… Is there still a viable claim?
Hi Eduard, thanks for your question. It really depends on the situation. If you’re interested in providing us more details, I would suggest submitting a complaint online or calling us at 1.888.564.9963. Thanks!