Advice for getting out of a contract (monitored alarm)
Advice for getting out of a contract (monitored alarm)
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BullyB

Original Poster:

2,344 posts

278 months

Tuesday 10th February 2015
quotequote all
I'm after a bit of advice regarding a contract I have with a well known home alarm installer and monitoring service. I have had the system for over two years but it has consistently failed to work.
The bottom line is that we finally want out and obviously don't want to pay the charge for early cancellation.

This company in question is probably the largest in the UK offering the monitored alarm systems, they have a very bad customer services department. We can never talk to the same person twice and all my letters are unacknowledged. The emails are automatically acknowledged but not actually answered.

In the last 2 years, we have threatened to leave twice and each time had a "pay holiday" of 3 months. The system has never worked for more than 30 days without a fault.

So, after another call to complain about the system failing, they have agreed to cancel the contract but now sent a bill for nearly 300 pounds.

Does anybody have advice about who I can contact regarding taking action? As a minimum I want to get out of the 300 pound charge but feel that as the system has never worked, I should be entitled to compensation or some of my original install cost back.

All I can think of is Citizens advice or trading standards?

Rude-boy

22,227 posts

264 months

Tuesday 10th February 2015
quotequote all
Not wishing to sound a cock but the answer to your questions, and more, can be found in the terms of the contract.

No one on here can properly advise you without seeing that first.


BullyB

Original Poster:

2,344 posts

278 months

Tuesday 10th February 2015
quotequote all
appreciated but the contract is not to hand currently.

I may have found the answer myself as the company are registered with The National Security Inspectorate (NSI).
I have filed a complaint with them and will see how that goes.

JustinP1

13,363 posts

261 months

Tuesday 10th February 2015
quotequote all
Are you paying by Direct Debit?

Is there any kind of credit agreement involved?

You can look to get a refund of all the DDs through your bank. Possession is nine tenths of the law.

I did this with a utilities provider who had ignored my numerous complaints. I had a manager with proper authority to sort things within a week.

As to how far you take this, it depends whether you owe them money or they owe you. That depends on the contract.

My advice would be to write to them. Highlight in the contract what has been sold to you, and how it is presented with regards to security and reliability.

Then, go through all the gory details with dates of the number of times the system has failed. Match the two up together, so that it is clear that their faults are so large it is in effect a breach of contract, and further to that, they are clearly not in a position to complete the contract to standard either.

BullyB

Original Poster:

2,344 posts

278 months

Tuesday 10th February 2015
quotequote all
JustinP1 said:
Are you paying by Direct Debit?

Is there any kind of credit agreement involved?

You can look to get a refund of all the DDs through your bank. Possession is nine tenths of the law.

I did this with a utilities provider who had ignored my numerous complaints. I had a manager with proper authority to sort things within a week.

As to how far you take this, it depends whether you owe them money or they owe you. That depends on the contract.

My advice would be to write to them. Highlight in the contract what has been sold to you, and how it is presented with regards to security and reliability.

Then, go through all the gory details with dates of the number of times the system has failed. Match the two up together, so that it is clear that their faults are so large it is in effect a breach of contract, and further to that, they are clearly not in a position to complete the contract to standard either.
Thanks, never thought about the bank.
I have most of my dates and complaints etc.

JustinP1

13,363 posts

261 months

Tuesday 10th February 2015
quotequote all
BullyB said:
JustinP1 said:
Are you paying by Direct Debit?

Is there any kind of credit agreement involved?

You can look to get a refund of all the DDs through your bank. Possession is nine tenths of the law.

I did this with a utilities provider who had ignored my numerous complaints. I had a manager with proper authority to sort things within a week.

As to how far you take this, it depends whether you owe them money or they owe you. That depends on the contract.

My advice would be to write to them. Highlight in the contract what has been sold to you, and how it is presented with regards to security and reliability.

Then, go through all the gory details with dates of the number of times the system has failed. Match the two up together, so that it is clear that their faults are so large it is in effect a breach of contract, and further to that, they are clearly not in a position to complete the contract to standard either.
Thanks, never thought about the bank.
I have most of my dates and complaints etc.
The Direct Debit Guarantee is your friend.

Strictly speaking its for amount that are taken erroneously from your account. However, the few times I'd had to evoke it, no questions were asked.

That'll get them to wake up if it's a problem getting the right person to speak to you.

They might just send you a big bill. However, it's pushed the goalposts back so you have some leverage. Usually, in discussions, you'd end up meeting somewhere in between.