Cancelling a conservatory contract

Barneysmom

Don't pay them another penny. Tell them that you will be taking them to court if they don't refund you your money, and make sure that Trading Standards know of the threats they are making.

savemoney

I know how bad these salesman are Everest employ them too, they dont take no for a answer and put one high pressure when they have been there for hours.

hulahula

Thanks, I still feel so sick and shaky though.

bingo_bango

Ignore this muppet. He can't do a thing and knows it. Quite possibly he now has to tell his wife that she can't go on holiday because he has lost a hefty commission, but he deserves to squirm for those tactics.

All sound advice above from pretty much everyone.

He has committed an offence under S7 of The Consumer Protection From Unfair Trading Regulations 2008 and as this legislation is so new, Trading Standards departments are chomping at the bit to get cases into court to see how it works out.

Relax, make yourself a cup of tea (or wine...whatever floats your boat ) and get on to the Consumer Direct website now to make your complaint.

Debt_Free_Chick

Aren't the rules different where the consumer invites the trader to their home in order to get a quotation? Or has that changed now?

bingo_bango

Yes. The Pedant has quoted the new regs in post 9.

DVardysShadow

Offer them the reasonable costs of cancellation, in writing, and 'without prejudice'. The reasonable costs of cancellation will be trivial given the dates, so be prepared to pay say £250. Keep a copy of the letter, because if they do go to court for more than reasonable costs of cancellation after 12 or 36 hours, they be in a weak position.

Debt_Free_Chick

bingo_bango wrote: »

Yes. The Pedant has quoted the new regs in post 9.

Reg 6 states that certain contracts made during solicited visits are not covered by the regulations. I guess we're sure this is not one of them ...?

Sorry to continue with the pedantry but (a) I'm keen to understand and (b) I think we should be absolutely certain that we have enough facts to be sure that the OP has the cancellation rights.

I'm a bit cautious you see ....

Debt_Free_Chick

OK - there's a good guide to the regs on the BERR website here. The guide is aimed at traders so it tells you what they need to do.

I can now see that this covers solicited calls to a consumer's home - in certain circumstances

Q5 and Q6 of that guide are interesting though. Presumably, the OP has a contract specified by Reg 9 as set out in Q6 ....? i.e. the supply of goods made to a customer's specifications or clearly personalised ....?

If so, then Q5 applies i.e.

"A consumer who has acquired possession of any goods or received any services by virtue of a contract specified in Regulation 9 (see Q6) will be required to pay in accordance with the ‘reasonable’ requirements of the cancelled contract for goods or services provided up to the point of cancellation provided that:

• the trader included in the ‘notice of the right to cancel’ a statement that the consumer may be required to pay for the goods or services supplied if performance of the contract has begun before the end of the cooling-off period; and
  
• the consumer provided the trader with a written request for performance of the contract to begin before the end of the cooling off period."

So the OP may have to pay in accordance with the "reasonable requirements" of the original contract.

Is that right?

bingo_bango

Debt_Free_Chick wrote: »

Reg 6 states that certain contracts made during solicited visits are not covered by the regulations. I guess we're sure this is not one of them ...?

Sorry to continue with the pedantry but (a) I'm keen to understand and (b) I think we should be absolutely certain that we have enough facts to be sure that the OP has the cancellation rights.

I'm a bit cautious you see ....

And so you should be DFC

Well.. Reg 6 states that excepted contracts as listed in Schedule 3 aren't covered. But the first line in Sch 3 is???

SCHEDULE 3 Excepted contracts

1. A contract for the construction, sale or rental of immovable property or a contract concerning other rights relating to immovable property other than—
(a) a contract for the construction of extensions, patios, conservatories or driveways;

So conservatories aren't excepted and the contract is therefore covered.