Help! Signed contract for unwanted goods! (merged threads)

victoir_2

A bit of background:

We've had problems with our neighbours (screaming, shouting etc at all hours) for a couple of years. Tried the council, and the police, to no avail.

My wife has severe post-natal depression, and this is making it worse, so we've decided to move. Of course, we want to be out of here as quickly as possible.

We decided to get quotes on new doors for our kitchen cabinets, as we were thinking of getting them replaced. My wife was the only one here, and signed up for them, as he was a good salesman, and she has been pretty ill the last couple of days. £750! Fortunately no deposit has been paid.

That was this afternoon. We've been advised by the estate agent we've taken on this evening that replacing them would be a waste of money.

So: I only wanted a quote! Any advice? I really don't want to lay out £750 I don't really have on doors I don't need! As I understand it, as it's a cash transaction, and we invited them in then we don't have a cooling off period.

albalad

has your oh actually signed a contract ? or just agreed to have them fitted ?

what does it say on the reverse of the contact about cancellation ?

as far as i know it makes no difference whether it is for cash or credit/finance and you only invited them in to give you a quote in the first place. hopefully someone more conversant in direct sales will be able to offer better advice , but if it was me i would phone them to cancel (cooling off) but also put it in writing (keeping a copy for yourself) and send it recorded delivery.


you should maybe post this in the "in my home" thread as well as there are lots of tradespeople in there who may have better knowledge of this type of situation

Poppycat

Right I have had the problem a few years back. From what I was told by trading standards if you have invited them into your house, ie ring them up and come to my house for a quote you don't have a cooling off period like you do if they come uninvited.

I would ring the company straight away and tell them that you decided to not have the goods is it possible to cancel explain the reason, wife is ill etc.

I was pressured for double glazing by a well known company, he spent 5 house at our house, and only the last 15 minutes did he mention money/payment.

We signed up but was told that it wasn't a contract, basically we were conned by the salesman.

I managed to cancel the contract as we were told by T7S that they didn't have to cancel. The company accepted it, only much later did we find out after several phone calls from the company cold calling, that we found out the salesman got sacked for misselling.

Anyhow I wish you luck. I wish I could move as where I live is contributing to my ill health.

Bunnyhop

You need to check the contract.

I believe that because you invited them in to give you a quote you're not covered in the same way that you would be if they'd just turned up and as it's cash you're not covered under the legal period given with a credit agreement. Therefore you are bound to the contract which you signed unfortunately.

I may be wrong, hopefully I am!

bs7

as you've noted and Poppycat has suggested in the reply in your other thread - the terms of The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987, as amended, don't apply if their visit was at the "express request of the consumer" (although if they initially cold-called you and indicated they were willing to visit then they may apply).

You could try and argue that your wife lacked the capacity to form a contract at the time. You could call them up / or write to them asking / telling them to cancel the contract, laying it on thick that you don't believe your wife had the capacity to form a binding contract: she's currently severly depressed, on medication, etc, etc and this would have been obvious to the salesman.

It might work - you never know... at worst you'll give them a great bluff - and should you still refuse to pay they might be less inclined into pursuing it since you've at least made it clear there's a possible 'get out' for you.

divadee

I have moved this over so it can be merged in with your original post.

topcat42

victoir wrote:

A bit of background:

We've had problems with our neighbours (screaming, shouting etc at all hours) for a couple of years. Tried the council, and the police, to no avail.

My wife has severe post-natal depression, and this is making it worse, so we've decided to move. Of course, we want to be out of here as quickly as possible.

We decided to get quotes on new doors for our kitchen cabinets, as we were thinking of getting them replaced. My wife was the only one here, and signed up for them, as he was a good salesman, and she has been pretty ill the last couple of days. £750! Fortunately no deposit has been paid.

That was this afternoon. We've been advised by the estate agent we've taken on this evening that replacing them would be a waste of money.

So: I only wanted a quote! Any advice? We really don't want to lay out £750 we don't really have on doors we don't need! As I understand it, as it's a cash transaction, and we invited them in then we don't have a cooling off period.

:hello:
Hi
With regard to the neighbours bit and the moving house, do you realise that you will have to inform whoever buys your house that you have had disputes with your neighbours? Its on a form that the solicitor sends you to complete for the buyers to see. Sellers property information form (part 2.3 " Have you made any such complaints to any neighbour about what the neighbour has or has not done?" ) We are buying a house at the mo and this is how I know.
Marie

inmypocketnottheirs

I am afraid that in law there is no provision for 'buyers remorse'. Your best hope, in my opinion, is to phone the company and approach them in a friendly way to see if you can cancel the purchase. I say in a friendly way, because if you come over heavy handed, they are more than likely going to dig their heals in and not let you cancel. As stated above, you phoned and invited them in to the house, and therefore your protection is limited. It might be worth finding out if they are members of 'Fair Trades' or 'The Guild of Master Craftsmen' as they may be a bit more sympathetic to your plight.

Good Luck!

victoir_2

Thanks for all the advice. They were nice, and just said 'ok' when I asked to cancel.

With regards to the neighbours: we've never actually been in dispute with them - just asked if the council can do anything about it (in a general sense), and called the police a few times.

With regards to the 'sellers property information form' I've never heard of it. Is this an English-thing? I'm in Scotland.

Poppycat

My brother in law has bad neighbours kids making noise all hours barking dog etc. But never once raised a complaint because he knew of this he would have to mention this. He just sold up and moved.

outbidder

If reasoning with the company fails you can always contact your local BBC Radio station. Most of them have consumer watchdog type programs where they will contact companies on your behalf and see if they can help over disputes.

I know this isn't exactly a dispute but it's worth a try.

As for declarations on forms when you move, I wonder if they would deem neighbours as your next-doo neighbours. If they were just in the neighbourhood then maybe you wouldn't have to put it down.

Also if the nuisance neighbours were renters and since moved on, why would there be a need to declare it...

JMHO