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.
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.
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 My wife reminded my that we actually specifically asked about the seven day period and that the salesman had assured us we could ignore that as it was most certainly fourteen days. I had forgotten this as I only recalled the fact that we'd asked on a number of occasions and got the same answer each time.
Last night we weighing up the risk of them suing against the financial issues and the desire not to have windows from this company at all.
Email and letter copy of cancellation form sent along with covering letter stating the salesman mis-informed us of the cancellation period and (paraphrasing) I trust that this is not normal practice and that they will honour the cancellation and return my deposit.
Now we wait.
Last night we weighing up the risk of them suing against the financial issues and the desire not to have windows from this company at all.
Email and letter copy of cancellation form sent along with covering letter stating the salesman mis-informed us of the cancellation period and (paraphrasing) I trust that this is not normal practice and that they will honour the cancellation and return my deposit.
Now we wait.
It was a finance deal - which definitely had a 14 day cooling off period - however this would still leave me having to pay for the windows at the increased (non-financed) price if I cancelled it.
The salesman measured and quoted, a surveyor was to visit to do proper measurements but I wouldn't let them as I was cancelling. This was when the lady on the phone cheerfully informed me I was outside of the 7 day cancellation period. I gathered from her reaction that it probably wasn't the first time she'd had this conversation, she didn't even seem remotely bothered or surprised to hear the salesman had informed us multiple times it was 14 days.
It was not working days but rather calendar days.
Nothing has been made, or properly measured.
I've had an auto-reply to the email, the letter will have arrived this morning special delivery. Assume there will be at least some threats and cajoling to endure before anything happens.
Seems the outcomes are something from the following:
1.) I'll get my £99 back.
2.) The contract will be cancelled but I'll lose my £99. Up to me if I fight this
3.) WindowsRus Ltd will sue me for breach of contract and come after me for loss of commission and profit.
The salesman measured and quoted, a surveyor was to visit to do proper measurements but I wouldn't let them as I was cancelling. This was when the lady on the phone cheerfully informed me I was outside of the 7 day cancellation period. I gathered from her reaction that it probably wasn't the first time she'd had this conversation, she didn't even seem remotely bothered or surprised to hear the salesman had informed us multiple times it was 14 days.
It was not working days but rather calendar days.
Nothing has been made, or properly measured.
I've had an auto-reply to the email, the letter will have arrived this morning special delivery. Assume there will be at least some threats and cajoling to endure before anything happens.
Seems the outcomes are something from the following:
1.) I'll get my £99 back.
2.) The contract will be cancelled but I'll lose my £99. Up to me if I fight this
3.) WindowsRus Ltd will sue me for breach of contract and come after me for loss of commission and profit.
Edited by _dobbo_ on Thursday 7th April 12:12
Just had a call from the salesman. Struggled a bit to keep my cool but remained quite calm in the end.
SALESMAN: The cancellation period is actually 7 days, when I said 14 I was only talking about the credit agreement.
ME: I asked you explicitly, "what is my financial exposure if I cancel within 14 days?" You said "none". What you should have actually said is "the full, undiscounted cost of the windows". Those are two quite different answers don't you agree?
SALESMAN: Well, I'm not going to argue with you about it, I'll see what I can do...
SALESMAN: The cancellation period is actually 7 days, when I said 14 I was only talking about the credit agreement.
ME: I asked you explicitly, "what is my financial exposure if I cancel within 14 days?" You said "none". What you should have actually said is "the full, undiscounted cost of the windows". Those are two quite different answers don't you agree?
SALESMAN: Well, I'm not going to argue with you about it, I'll see what I can do...
I think if this does go away then I have been lucky. This was posted three days ago in the forum I linked earlier:
someone on another forum said:
I thought I'd reply as a final point on here.
Went to court in Nov, as I believed the salesman told me I had 14 days contract cancellation. After a whole day in court, the judge ruled that it was more likely the 'experienced' salesman was right, and we were confused and we actually only had 7 days to cancel. In the end it cost us £15k for cancelling the contract after 10 days, which was beyond the 7 days in the contract. They didn't even measure up. Gutted.
Went to court in Nov, as I believed the salesman told me I had 14 days contract cancellation. After a whole day in court, the judge ruled that it was more likely the 'experienced' salesman was right, and we were confused and we actually only had 7 days to cancel. In the end it cost us £15k for cancelling the contract after 10 days, which was beyond the 7 days in the contract. They didn't even measure up. Gutted.
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