83 yo gran has bought a £1295 Kirby vac!

vertical_fool

Hi all.

I found out on Friday that my 83 year old grandmother has bough/ been sold a Kirby vacuum cleaner for £1295. I found a receipt dated the 10th of January 2009. from KCS services, in Fazarkaley, an Official Kirby distributor. I didn't realise until the weekend that Kirby's were only sold door to door.

My gran has been in hospital and seriously unwell for 4 or 5 months or so, she's been very confused at times although generally she's OK apart from her Vertigo. She was booked in to see a dementia specialist but it was cancelled I think because it was thought it was to soon relative to her illness..

I found out from my gran on Friday afternoon because her friend which it transpires my gran had recommended!, but my gran didn't tell her she had bought one because she knew she would have shouted at her!

The salesman told her friend that my gran had bought one and how much for! She was furious with her for buying one and for sending them to her house hence phoning my gran. When I saw my gran she wanted me to take it to my mums so her friend wouldn't see it, she was devastated that she had lied by denying that she'd bought one. My gran isn't a liar it's a big thing for her to do so.

I was obviously angry as well but I was trying to understand what was going on and not let my gran know I was angry because she'd panic and become afraid. When I asked her she thought it happened last summer and cost £90.

Apparently someone had recommend them to her and she thought they were going to clean her carpets for free. She's always been gullible anyway, more so now her health is deteriorating.

I found the invoice that evening after realising there was 14 days to cancel but it was too late for that as it was dated the 10th of January and for £1295. I also noticed that they were a member of the direct selling association.

I think she's felt embarrassed about it hence hasn't told anyone but also feels responsible for buying it, she's old school.

Today I phoned the local trading standards which diverted to consumer direct I think said I would have to contact them and argue on a part of contract law dealing with issues of mental capacity, I've forgotten the name but I have it written down somewhere.

I'm hoping we can get her money back so I'm posting here for advice. The local citizens advice is open tomorrow although it may be appointment only.

Regards

Vertical

Mark_Hewitt

I'm sure there is something in law about being of sound mind in order to enter into a contract such as that. But that might be difficult to prove.

There is also social responsibility on behalf of the company, but that can often be in short supply with door-to-door sellers. After all who in their right mind would spend £1,200 on a vacuum cleaner when you can get a very good one for £150.

vertical_fool

I forgot to mention that her illness has incapacitated her mentally, she had an appointment to see a dementia specialist but it was cancelled because I think they wanted to leave it longer to eliminate side effects of her illness and to see if she improves naturally as hopefully her body, physically and mentally will improve naturally. If not then they can see her with a longer term view of her condition.

The local CAB was closed today for staff training purposes.

I'd appreciate your views on knowing where I stand.

Regards

vertical

vertical_fool

Mark_Hewitt wrote: »

I'm sure there is something in law about being of sound mind in order to enter into a contract such as that. But that might be difficult to prove.

There is also social responsibility on behalf of the company, but that can often be in short supply with door-to-door sellers. After all who in their right mind would spend £1,200 on a vacuum cleaner when you can get a very good one for £150.

These are both angles where I think we stand a good chance of successfully recovering the money. She isn't 100% mentally and was due to see a dementia specialist around the time she bought it actually. So medical evidence to prove she was of unsound mind shouldn't be a problem whatsoever. Kirby are a member of the Direct Selling Association, i did ring them although they were of very little help although they did say take it to Kirby and come back to us if you wish to make a complaint (maybe thats about it from them) although there website does mention that they have ethical standards!?

I still haven't rang Kirby, I hope to speak to the CAB first before I phone Kirby so I hopefully don't say the wrong thing or avoid saying the right thing.

Regard

Vertical

Optimist

CAB is a good starting point and indeed will possibly make the call for you its surprising what a phone call from them can actually achieve.

If you do not get any satisfaction from Kirby maybe watchdog would be interested I do seem to remember them covering this but a long time ago. It the sort of thing they love and the sort that firms do sell door to door hate.
http://www.bbc.co.uk/watchdog/gotastory/

Mark_Hewitt

It might be worth contacting Age Conern. They will likely be able to give you some appropriate advice.

haynick

I once had these cr**ks do a presentation in our house - after a hour and a half of spiel - I made it quite clear we were not interested and the guy then had to clean / shampoo our carpets in a room of our choice. £1295 takes the michael. Hope you can persuade them to refund the money.

Takoda

You could also try Trading Standards. They investigate when products have been misold to people who don't need them. eg a salesman pressure selling a mobility scooter to a blind epileptic elderly man. Your gran may not be the only one so in helping her you may also help someone else.

Takoda.

vertical_fool

Optimist wrote: »

CAB is a good starting point and indeed will possibly make the call for you its surprising what a phone call from them can actually achieve.

If you do not get any satisfaction from Kirby maybe watchdog would be interested I do seem to remember them covering this but a long time ago. It the sort of thing they love and the sort that firms do sell door to door hate.
http://www.bbc.co.uk/watchdog/gotastory/

Hi Optimist. Thanks for the reply. I went to the local CAB office this morning....they were closed for staff training. I went home to phone, when I eventually got through I was advised that I should phone consumer direct and that they would act on my/our behalf.

I had though been transferred to them when I phoned Trading standards the previous day. Who basically said phone Kirby and go from there.

I think I will contact watchdog even if its just for putting on record in case more situations pop up.

Mark_Hewitt wrote:

It might be worth contacting Age Conern. They will likely be able to give you some appropriate advice.

Hi Mark. Thanks for the reply. I hadn't thought of them, I think I remember seeing lots of booklets on various subjects in the reference section of the local library. So they may be very helpful although I think I'm sorted on this now.

haynick wrote:

I once had these cr**ks do a presentation in our house - after a hour and a half of spiel - I made it quite clear we were not interested and the guy then had to clean / shampoo our carpets in a room of our choice. £1295 takes the michael. Hope you can persuade them to refund the money.

Hi haynick, thanks for the reply and the support.

So basically so far I've phoned DSA, Trading standards which goes to consumer direct, now twice and the CAB. I was now faced with phoning Kirby which I was reluctant to do as I didn't really know how to best go about it in order to get the best result or even what the best result is.

I decided I'd phone the head office first especially when I noticed it's maybe a 30 minute drive, closer than the office which sold it actually!?.
I told the lady who answered the problem she asked for the name and address which I gave and her phone number which I refused a number of times. I said I'd give her the invoice number and she could find it from that. Now I don't remember the first part of her response was but she said she couldn't help or look at the invoive because it would be against the data protection act. I then said the salesman has allready broken the data protection Act because he`s told my grans friend she'd bought one and for £1295. She then said she`d got her manager or boss to phone within half an hour.

I had to pop out, my mum took the call and explained the situation, nothing about the DPA, she was given liverpools number and said someone will call me from the Liverpool branch.

I decided to ring after waiting two and a half hours I said I was expecting a call, they knew who I was and put me straight through to a manager who basically said OK so she`s got alzheimers. I said no and explained her illness in only a little detail and he said OK we don't want to take advantage of the elderly or words to that effect. He said thanks for contacting us and doing it this way!? He then said he'd arrange for someone to call me and arrange collection.

Within 10 minutes someone had phoned me back saying they can collect tomorrow night after five. So a result! My gran will be out so I'll have be there. I didn't ask about how payment will take place though?

Thanks all.

I'll keep you updated

Vertical

vertical_fool

Hi all.
.
A guy from Kirby turned up on Wednesday evening however he had no form of payment with him. They'd sent an engineer out to collect it aswell, he seemed very uncomfortable about it. I said very little except the essentials.The engineer was under the impression that it was a loan purchase.

He rang the manager who said OK leave the vac here as I didn't want him to take it without the money. He took my mobile number and he said he'd ring me tomorrow (today) and arrange for collection the same day I thought he said. They rang my gran at 12.30 and will collect Monday a.m.

So I'm still angry with them for not phoning me after taking my number again last night and now leaving it till Monday. I'll have to be there on Monday now so I'm hoping they will turn up. I'll keep you updated.

Regards

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hazey31

Just had to logon to say what a lovely grandchild you are for helping your Gran sorting all this out. She's very lucky to have you.