Some help needed please - of a sensitive nature

crystyl

Hi please can someone give me some advise please?

A little over 18 months ago a family member, unbeknown to anyone else, signed a contract for a company to install and monitor a burglar alarm system at a cost of just under £4k which would provided her with 5 years of cover.

Now she has unfortunately and suddenly passed away, as she paid for the full cost of the system up front and not by direct debt, the company are refusing to issue a refund for services that are not required as they said that the contract dies when the person dies, in effect giving them money for doing nothing!

Does anyone know how we can try and glean back some of the money paid out or is this a lost cause??

Thanks for any help anyone can offer.

cyberbob

Take a copy of the contract to the CAB. Let one of there advisor's have a look they should be able to tell you if it's legal and if there is a get out clause.

fthl

who is the company?

crystyl

That's what I thought cyberbob - thanks for the advise.

As to who the company is I have been asked not to disclose that information by the family - sorry, does it matter who it is?

Thanks again

DVardysShadow

The choice for them is to refund or to fulfil the contract which is now with the dead person's estate. The contract is still live and they must fulfil or negotiate an exit. If they are stroppy, make them fulfil.

fthl

I don't think that you can get any cash back I'm afraid.

I asked who it was as I wondered if it was these chaps:

http://www.oft.gov.uk/news-and-updates/press/2010/75-10

Optimist

Interesting question. Your case would be that your family member can no longer use the services thus a refund or part thereof is required to the deceased estate.

It really depends on how much is involved which you don't say, if it is worth your time and effort pursuing .. Citizens advice is certainly one option the other would be to issue small claim proceedings. It costs little and there is definitely no guarantee you would win but it might give onus onto the company concerned to settle.

mountainofdebt

Do you think the family member was coerced in to signing up for the alarm system / maintenance cover ? The reason for asking is the comment you made about the agreement unknown to any other family members.

The other thing I find strange is that the family members have asked for you not to name the company - why the secrecy?

crystyl

Hi and thanks again for the replies. Yes we do feel that she was coerced into buying the system which cost just under £4,000 for five years of cover. She had family members around her all the time and had friends and neighbours visiting every single day yet must have still felt very vulnerable. Also she didn't did not disclose to anyone what she she had done which was totally out of character for her, so one would assume that she was embarassed at what she had done - maybe?

The family have asked me not to mention the company as they are very private and also they don't want to jeopardise any negotiations with them, I also would like to point out that I can only be guided by my family and have to do what they wish, up to me I would name the company but not knowing what the legal stance is I can see no reason for naming them until they have 1) done something wrong or 2) been very understanding - neither of which has shown to be the case as of yet!!! But rest assured that in either event of the outcome I shall disclose this information.

The company have told us that as the house is no longer occupied they must terminate the system thus leaving the house exposed and for a cost of £300 they would be able to transfer the remainder of the contract to the executors of the will - which is not a viable option as it is not needed.

Thanks again for the replies

Takoda

crystyl wrote: »

Hi and thanks again for the replies. Yes we do feel that she was coerced into buying the system which cost just under £4,000 for five years of cover. She had family members around her all the time and had friends and neighbours visiting every single day yet must have still felt very vulnerable. Also she didn't did not disclose to anyone what she she had done which was totally out of character for her, so one would assume that she was embarassed at what she had done - maybe?

The family have asked me not to mention the company as they are very private and also they don't want to jeopardise any negotiations with them, I also would like to point out that I can only be guided by my family and have to do what they wish, up to me I would name the company but not knowing what the legal stance is I can see no reason for naming them until they have 1) done something wrong or 2) been very understanding - neither of which has shown to be the case as of yet!!! But rest assured that in either event of the outcome I shall disclose this information.

The company have told us that as the house is no longer occupied they must terminate the system thus leaving the house exposed and for a cost of £300 they would be able to transfer the remainder of the contract to the executors of the will - which is not a viable option as it is not needed.

Thanks again for the replies

1) How can families and friends who go to visit someone ALL THE TIME not notice that the person has had a burglar alarm fitted? I could tell you which of my friends/family have alarms.

2)If the company are acting legally/honestly and with compassion they surely would be glad of the publicity. Of course if they are being money grabbing, underhand and sly I can see why they would not want people to know who they are!

3) It doesn't matter why she wanted an alarm - it was her money to do as she pleased with.

4) Why are 'the family' not getting advice from a solicitor if they believe they have a case?

5) Unless your family's surname is Crystyl then I fail to see how you can fail to be anonymous on MSE!

Hmmm. :rotfl:

Coopdivi

Don't take any notice of Takoda, crystyl. He's one of those eejits who thinks it's a good idea to abuse new posters. However if he gets any back the numpty puts you on his 'ignore' list. How sad is that?