Contract cancellation issue, where do I stand?
Discussion
Can anyone advise where I stand in this scenario?
Salesman (double glazing) visits, gives price.
We say that we have some concerns about the affordability, salesman informs us we have 14 days to cancel if we decide we don't want to go ahead.
I ask several more times what our exposure is, he states cancel within 14 days and it's fine, outside of 14 days we lose £99 deposit, and recommends we sign then review our finances.
We sign, review our finances, decide against proceding.
Phone to cancel and are told it's 7 days, not 14, and we are committed to purchasing.
Contractually, it appears we are - but can the salesman misrepresent the contract in this way?
Oh and to get it out of the way, yes I know I shouldn't have signed without reading, yes I know that on PH once you commit to a contract and pull out you are worse than satan.
Salesman (double glazing) visits, gives price.
We say that we have some concerns about the affordability, salesman informs us we have 14 days to cancel if we decide we don't want to go ahead.
I ask several more times what our exposure is, he states cancel within 14 days and it's fine, outside of 14 days we lose £99 deposit, and recommends we sign then review our finances.
We sign, review our finances, decide against proceding.
Phone to cancel and are told it's 7 days, not 14, and we are committed to purchasing.
Contractually, it appears we are - but can the salesman misrepresent the contract in this way?
Oh and to get it out of the way, yes I know I shouldn't have signed without reading, yes I know that on PH once you commit to a contract and pull out you are worse than satan.
Personally, although no expert, I would say you have 14 days, minimum - apparently, it's the law! Read here :-
http://www.which.co.uk/consumer-rights/regulation/...
Thinking about it, could they be giving you the runaround in order to delay you until after the 14 days is up. I'd get something to them in writing, (email or letter) dated before the 14 days is up (if you haven't already) to cover yourself.
http://www.which.co.uk/consumer-rights/regulation/...
Thinking about it, could they be giving you the runaround in order to delay you until after the 14 days is up. I'd get something to them in writing, (email or letter) dated before the 14 days is up (if you haven't already) to cover yourself.
Edited by Roy the Boy on Tuesday 5th April 13:03
_dobbo_ said:
Can anyone advise where I stand in this scenario?
Salesman (double glazing) visits, gives price.
We say that we have some concerns about the affordability, salesman informs us we have 14 days to cancel if we decide we don't want to go ahead.
I ask several more times what our exposure is, he states cancel within 14 days and it's fine, outside of 14 days we lose £99 deposit, and recommends we sign then review our finances.
We sign, review our finances, decide against proceding.
Phone to cancel and are told it's 7 days, not 14, and we are committed to purchasing.
Contractually, it appears we are - but can the salesman misrepresent the contract in this way?
Oh and to get it out of the way, yes I know I shouldn't have signed without reading, yes I know that on PH once you commit to a contract and pull out you are worse than satan.
Leaving aside the obvious which you are already aware of, there is likely to be a clause in the contract called an "Entire Agreement" clause which means that anything said to you before is not binding, but that what is in the contract is.Salesman (double glazing) visits, gives price.
We say that we have some concerns about the affordability, salesman informs us we have 14 days to cancel if we decide we don't want to go ahead.
I ask several more times what our exposure is, he states cancel within 14 days and it's fine, outside of 14 days we lose £99 deposit, and recommends we sign then review our finances.
We sign, review our finances, decide against proceding.
Phone to cancel and are told it's 7 days, not 14, and we are committed to purchasing.
Contractually, it appears we are - but can the salesman misrepresent the contract in this way?
Oh and to get it out of the way, yes I know I shouldn't have signed without reading, yes I know that on PH once you commit to a contract and pull out you are worse than satan.
How much money have you paid?
This is a better link, although the 14 days should still apply. http://www.which.co.uk/home-and-garden/home-improv...
Did you sign the contract at home, or at their offices? This is an important question.
Also, what does the contract say? It can't alter your rights as laid out in the link, but could also be important.
Either way as suggested above, I would get your cancellation request down in writing, email it, send it signed-for post, and possibly also hand-deliver to their local office just to be sure.
Did you sign the contract at home, or at their offices? This is an important question.
Also, what does the contract say? It can't alter your rights as laid out in the link, but could also be important.
Either way as suggested above, I would get your cancellation request down in writing, email it, send it signed-for post, and possibly also hand-deliver to their local office just to be sure.
Entire agreement clause is not going to be that strong especially against consumer statutes with the sales guy misrepresenting what the contract says.
Soov535 said:
Leaving aside the obvious which you are already aware of, there is likely to be a clause in the contract called an "Entire Agreement" clause which means that anything said to you before is not binding, but that what is in the contract is.
How much money have you paid?
How much money have you paid?
BertBert said:
Entire agreement clause is not going to be that strong especially against consumer statutes with the sales guy misrepresenting what the contract says.
A fair challenge, but equally the courts don't look behind contracts unless they have to.Soov535 said:
Leaving aside the obvious which you are already aware of, there is likely to be a clause in the contract called an "Entire Agreement" clause which means that anything said to you before is not binding, but that what is in the contract is.
How much money have you paid?
How much money have you paid?
The OP should write to them, telling them that they cannot afford it and that's that.
Any deposit is lost tho'
Thanks to all for the comments.
We've paid £99, not the end of the world but annoying to lose based on salesman's lies.
The contract states 7 days for bespoke products, 14 for others. As the salesman stated 14 I assumed ours weren't bespoke, now it seems they are - how convenient. To be honest I was dumb to assume this, as probably almost all double glazing is bespoke.
I signed at home and I see the 14 days in the link above which seems to have some caveats for made to measure windows, i.e. you lose your right to cancel.
However, nothing has been made, or measured (by a surveyor) yet, so this seems a stretch to me.
Will get letter sent out and see what happens I guess, hopefully it won't turn into a palaver!
Just to add - this isn't buyers remorse, I was totally upfront with the salesman, we want the windows, it's just not quite the right time for us. Still, am kicking myself repeatedly as punishment.
We've paid £99, not the end of the world but annoying to lose based on salesman's lies.
The contract states 7 days for bespoke products, 14 for others. As the salesman stated 14 I assumed ours weren't bespoke, now it seems they are - how convenient. To be honest I was dumb to assume this, as probably almost all double glazing is bespoke.
I signed at home and I see the 14 days in the link above which seems to have some caveats for made to measure windows, i.e. you lose your right to cancel.
However, nothing has been made, or measured (by a surveyor) yet, so this seems a stretch to me.
Will get letter sent out and see what happens I guess, hopefully it won't turn into a palaver!
Just to add - this isn't buyers remorse, I was totally upfront with the salesman, we want the windows, it's just not quite the right time for us. Still, am kicking myself repeatedly as punishment.
Edited by _dobbo_ on Tuesday 5th April 13:34
Affordability relates to mortgage and a couple of other things like childcare costs reducing. So it's not a question of price but timing. A lower price wouldn't really help us sadly.
I'll write the letter tonight, send registered and see what comes up.
Seems at worst I'm a victim of some sharp business practice and I'll lose my £99, which I'll lable an idiot tax.
At best I'll get my £99 back.
Will update the thread if only because I hate when people don't do that!
I'll write the letter tonight, send registered and see what comes up.
Seems at worst I'm a victim of some sharp business practice and I'll lose my £99, which I'll lable an idiot tax.
At best I'll get my £99 back.
Will update the thread if only because I hate when people don't do that!
Good suggestion by Robinoakapple, witness others with same problem:
http://whatconsumer.co.uk/forum/house-and-home/219...
Is linking another forum the same as naming and shaming? If so, mods, please delete.
http://whatconsumer.co.uk/forum/house-and-home/219...
Is linking another forum the same as naming and shaming? If so, mods, please delete.
_dobbo_ said:
T
The contract states 7 days for bespoke products, 14 for others. As the salesman stated 14 I assumed ours weren't bespoke, now it seems they are - how convenient. To be honest I was dumb to assume this, as probably almost all double glazing is bespoke.
But as you aren't the expert, and the company is they should make it clear how your order relates to the terms and conditions provided? Does the quote say that they are bespoke?The contract states 7 days for bespoke products, 14 for others. As the salesman stated 14 I assumed ours weren't bespoke, now it seems they are - how convenient. To be honest I was dumb to assume this, as probably almost all double glazing is bespoke.
Ugh, just read 9 pages of that thread I linked.
Basically, it appears [insert window company name here] will threaten, and then take you to court for breach of contract in these circumstances. So it's nothing to do with losing my deposit but rather they will potentially come after me for more money as well.
Lots and lots of people reporting this, going back years but as recently as last week also. Doesn't appear to matter if the contract says "bespoke" or not, they may very well take me to court anyway.
So I have to decide whether to cancel and risk going through some crap, or not cancel and be stuck with windows I can't afford and now based on what I've read don't want from that company anyway.
f
k.
I had a hangover, I was bored of him being in my house all fat and jolly drinking my coffee and eating my biscuits and being reassuring and nice and spouting relentless lies. fk fk fk fk fk
Basically, it appears [insert window company name here] will threaten, and then take you to court for breach of contract in these circumstances. So it's nothing to do with losing my deposit but rather they will potentially come after me for more money as well.
Lots and lots of people reporting this, going back years but as recently as last week also. Doesn't appear to matter if the contract says "bespoke" or not, they may very well take me to court anyway.
So I have to decide whether to cancel and risk going through some crap, or not cancel and be stuck with windows I can't afford and now based on what I've read don't want from that company anyway.
f
k. I had a hangover, I was bored of him being in my house all fat and jolly drinking my coffee and eating my biscuits and being reassuring and nice and spouting relentless lies. f
k fk fk fk fk The 14 days does NOT apply to goods made 'to the consuemrs specifications' - windows custom measured/made to fit your window gaps will benefit from this exemption.
Hwever, a lot of window companies have agreed to provide 7 days voluntarily - which is what the previous law allowed for 9and for which the exemption did not apply).
The salesmans misrepresentations will be enough to cancel the contract under the Consumer protection from unfair trading regulations 2008 (amended in 2014) - but you need to prove on balance of probabilities (if it goes to court) that he misled you into signing.
I would also report it to Trading Standards as it could be a criminal offence.
Hwever, a lot of window companies have agreed to provide 7 days voluntarily - which is what the previous law allowed for 9and for which the exemption did not apply).
The salesmans misrepresentations will be enough to cancel the contract under the Consumer protection from unfair trading regulations 2008 (amended in 2014) - but you need to prove on balance of probabilities (if it goes to court) that he misled you into signing.
I would also report it to Trading Standards as it could be a criminal offence.
_dobbo_ said:
Ugh, just read 9 pages of that thread I linked.
Basically, it appears [insert window company name here] will threaten, and then take you to court for breach of contract in these circumstances. So it's nothing to do with losing my deposit but rather they will potentially come after me for more money as well.
Lots and lots of people reporting this, going back years but as recently as last week also. Doesn't appear to matter if the contract says "bespoke" or not, they may very well take me to court anyway.
So I have to decide whether to cancel and risk going through some crap, or not cancel and be stuck with windows I can't afford and now based on what I've read don't want from that company anyway.
fk.
I had a hangover, I was bored of him being in my house all fat and jolly drinking my coffee and eating my biscuits and being reassuring and nice and spouting relentless lies. fk fk fk fk fk
Basically, it appears [insert window company name here] will threaten, and then take you to court for breach of contract in these circumstances. So it's nothing to do with losing my deposit but rather they will potentially come after me for more money as well.
Lots and lots of people reporting this, going back years but as recently as last week also. Doesn't appear to matter if the contract says "bespoke" or not, they may very well take me to court anyway.
So I have to decide whether to cancel and risk going through some crap, or not cancel and be stuck with windows I can't afford and now based on what I've read don't want from that company anyway.
f
k. I had a hangover, I was bored of him being in my house all fat and jolly drinking my coffee and eating my biscuits and being reassuring and nice and spouting relentless lies. f
k fk fk fk fk Cancel. I think you'll regret it even more if you don't.
I almost had dealings with them years ago. Refused to sign anything which pissed off the rep. Sat through 2.5 hours of s
t. High price knocked down repeatedly; his boss calling with an 'irresistible' offer. The lot. The next day I researched them and realised what a close call I'd had. Still took a few quite offensive responses to calls (from me!) to get them to go away.
Wouldn't let them empty my bins.
Edited by anonymous-user on Tuesday 5th April 20:03
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