Supreme Court allows customer to reclaim deposit from removal firm

However, Dr Robertson then received a much lower quote from another removal firm. He telephoned Mr Swift to tell him he wished to cancel the contract, and sent him a letter giving notice of cancellation. He refused to pay the cancellation charges on the grounds that he had been entitled to cancel the contract by virtue of the Cancellation of Contracts made in a Consumer’s Home Regulations 2008, and when Mr Swift issued proceedings, he denied liability and counterclaimed for the return of his deposit.

Dr Robertson’s submissions failed at trial, and on appeal in the Exeter County Court, but the Court of Appeal found that the 2008 regulations did apply in the circumstances of his case. It held that they prevented Mr Swift from enforcing the contract against Dr Robertson. However, Dr Robertson had not been entitled to cancel the contract because Mr Swift had failed to give him the required notice of his right to cancel. The contract had remained alive and Dr Robertson could not therefore recover his deposit.

Dr Robertson appealed against the dismissal of his counterclaim to the Supreme Court, which unanimously allowed the appeal, holding that the 2008 regulations give consumers the right to cancel contracts made in their homes before and for seven days after notice of the right to cancel is served.