making a will

kenbury

Hi
I have recently joined the excellent MSE forum. I am still finding my way around and hope this is the right place to post.

My mother-in-law has got herself into a "spot" after being sucked in by a Will making company. They rang and said they could offer a half price Will. She had been thinking about doing this and the salesman called. To cut a long story short she ended up writing out a cheque for £316 on the day (March 31st). With hindsight she is kicking herself and now doesnt want to proceed. She rang the company who said the cheque has been cashed. She hasnt signed the paperwork they sent. My question is, does anyone know where she stands legally.

Hope someone may be able to offer some advice.

Thanks

aliasojo

***Board Guide Note***

Sorry you have had no replies so far kenbury. I have only just spotted your post and will move it over to the Anything Else board in the hope some knowledgeable people up there may be able to offer some advice.

myrnahaz

Don't let her sign anything.

I think the law says that you're allowed a 14 day cooling off period if someone sells you something after cold calling and if any subsequent agreements have been signed / arranged at your home. It's different if your Mum went to the willmakers herself, as she is deemed to have instigated the transaction.

If she hasn't yet signed anything then there IS no agreement, and they had no right to cash her cheque, nor can they say that more than 14 days has passed since signing the agreement because the agreement doesn't legally exist. Has she checked her bank account?

It looks to me as if she has a legal let-out. I suppose CAB would be a starting point for her - or Trading Standards. Make sure that you tell the will makers that unless they refund her cash immediately, you're going to take this matter 'all the way' and intend to start with BBC Watchdog / Trading Standards or similar - the CAB will give you other ideas.

cattie

I've heard it's possible for cheques to have a stop put on them even after they are cashed. I'm not sure of the in's & out's of this, but perhaps someone else on this board can give some insight. Or if not have a word with her bank perhaps.

kenbury

Just had a very pleased mother in law on the phone telling me she has received a full refund in the post. We composed a letter asking for a refund and didnt expect any joy. After a few phone calls over the past month a result has finally been achieved.
Thanks to the people who replied. It all helps to receive advice and spurred us on to pursue the matter. Was fully expecting some kind of admin charge to be taken so are very pleased with a full refund.

dippy-dora_2

My parents got their wills from w h smith if this helps?