Zenith Staybrite trying to scare my 70yr dad

strongeyecontact

Hi, I wonder if anyone could help advise me please.

My dad and his partner recently decided to replace their windows and doors, having been suitably impressed by Zenith's reduction from £24,214 (:mad: don't get me started, they live in a little bungalow not a bloody palace) down to £8k + (I can't work out the exact final figure, there's differing figures on the contract and credit agreement - which at 26.5% took the cost back up to nearly £18k!! :mad: ).

They signed their unfathomable contract, complete with confusing subsidies all over it, and paid a deposit of £100 on the spot (no idea why without at least asking around elsewhere, after everything I'd told them about bloody double glazing companies, but what can you do?!).

The surveyor was supposed to come back and measure up properly within 5 days, I am not sure why but this wasn't planned until 25th August. However on the actual day he arrived at the bungalow, my dad had to send him away. His partner had found out just half an hour before that her son, in his mid 40s and thought to be in perfectly good health, had literally just dropped dead with absolutely no warning.

Obviously, they weren't going to be up to meeting any surveyor. I am not sure how they treated him at the time, but since then it's been despicable. After the shock of finding out, and then having to go through all the necessary arrangements etc, my dad's partner has now decided that she wants them to move, as they currently live quite a distance from her remaining children/grandchildren, so obviously do not want to get the bloody windows done now.

Zenith are not happy, especially the salesman who has probably already spent his commission, and have threatened my dad with all sorts of consequences. I am absolutely beyond :mad: but before I steam in there I would like to know where I/they stand. I would say I am fairly intelligent and financially savvy (being a long time ago ex-financial advisor), so thought I should be able to work out their contract rights and cancellation details, but no.

Apart from a standard 7-day cooling off period I can find no mention of what happens if the customer changes their mind/has an immediate family member die, before the surveyor can get out and wants/needs to cancel - how absolutely inconvenient for them.

Obviously nothing has been made yet, and apart from the snake of a salesman no one's time has even been wasted, yet apparently my dad "needs to write to their head office to see what they can do, as it's currently in the hands of their fitters" whatever the ********** that is supposed to mean.

I presume the actual contract can be cancelled quite easily once there's someone a wee bit younger than 70 years old on the other end of the phone, but is there any chance the £100 deposit could legally be reclaimed?

Sorry for long post and any help will be very much appreciated. I should have said the original meeting was on 12th August, my step-brother died on 25th August but I am not sure why there was a gap of nearly 2 weeks. I also didn't find out about any of this until last week, as I've been away for 3 weeks myself, so anything I can do to help them I will.

Thanks again

Jane

pimento

I don't really see that Zenith have done anything wrong. Your dad signed a legally binding contract.

I would try asking nicely if he could get out of the contract. I mean, it's not their fault your dad isn't in a position to have the windows done.

pimento

Oh and my dad is 73 and perfectly compus mentis. I think he'd be insulted if I were to suggest to him that he plays the "I'm just an OAP" card to get out of something.

strongeyecontact

Thanks for your input pimento. We'll have to agree to (strongly) disagree.

I never suggested my dad wasn't all there, I just think in the circumstances, when actually naff all has been done on 'the contract', they should say, actually, "We're very sorry for your tragic and shell-shocking loss, obviously the very last thing you want to think about now is sorting out your windows, here's your £100 back and just give us a call when you want them done".

Morally, that's definitely what should have happened, and I think the majority of people would agree if it were put on the moral dilemma, especially if it were their family.

I was just asking if anyone knew what the legal position was, as this is the consumer rights board.

fluffnutter

Legally, probably not much. It's long past the cooling off period for home selling and, whilst it's sad that their personal circumstances have changed, it's not particularly relevant to the contract.

You dad could appeal to Zenith's sympathetic side (if they have one). Alternatively he might be able to argue that the contract terms are unreasonable. But I can imagine he'd only have success (and even this is unlikely) by trying to argue that he was pressured into committing to the contract, that the products were misrepresented and/or that the price is unreasonable. Who knows if any of those are actually the case. The sad fact of the loss of his partner's son and their consequent move is not pertinent. If he does try to get out of the contract, I think he'd probably have a battle on his hands and would need advice from someone who knows what they're doing.

Gavin83

janewatts wrote: »

Thanks for your input pimento. We'll have to agree to (strongly) disagree.

I never suggested my dad wasn't all there, I just think in the circumstances, when actually naff all has been done on 'the contract', they should say, actually, "We're very sorry for your tragic and shell-shocking loss, obviously the very last thing you want to think about now is sorting out your windows, here's your £100 back and just give us a call when you want them done".

Morally, that's definitely what should have happened, and I think the majority of people would agree if it were put on the moral dilemma, especially if it were their family.

I was just asking if anyone knew what the legal position was, as this is the consumer rights board.

But it's nothing to do with the death in the family, is it? The reason he doesn't want the windows done is because of the recent decision to move, a family death really shouldn't affect a contact such as this.

Legally, you won't be entitled to the deposit back and they could potentially charge you more than that, so I wish you the best of luck and suggest you just ask them nicely and explain the situation. Whatever you do, don't shout at them or accuse them of doing anything wrong, because then you won't get nothing.

Hintza

I don't really know whre you stand but I think loing the £100 deposit is the least of your worries so I wouldn't push that too hard.

pimento

janewatts wrote: »

Thanks for your input pimento. We'll have to agree to (strongly) disagree.

I never suggested my dad wasn't all there,

No, I know you didn't, quite the opposite, but what does his age have to do with it? Why mention it? Even implying that if someone younger got on the phone, Zenith might cave.

I reckon they should have the windows done if they're contractually obliged. They'll add to the value of the house and make it easier to sell.

strongeyecontact

Thanks everyone for your posts, interesting as ever to see people's different opinions. Maybe I just like to think that businesses would treat their customers the way I treat my own clients, obviously doesn't often happen. I'm just an idealist

Enterprise_1701C

Just a thought - you said the "surveyor" was supposed to measure up within 5 days but did not come out for 2 weeks, do you know if this was down to them or down to your father? IF it was down to them and IF it was in the contract, then MAYBE they have already broken the contract. This is just fumbling in the dark, but it certainly something I would use (No I am not a pro on contract law, but sometimes little things count!!)

DVardysShadow

janewatts wrote: »

Thanks everyone for your posts, interesting as ever to see people's different opinions. Maybe I just like to think that businesses would treat their customers the way I treat my own clients, obviously doesn't often happen. I'm just an idealist

Obviously, you are full of good will and give them more than their rights. That does not give your family more than their rights.

As already said, don't play the OAP or the bereavment cards, other than by way of explanation to say that they are moving because of a death in the family and don't wish to continue with the work. The company are entitled to recompense for anything they have done on the strength of the contrac, so the surveyors visit needs to be covered and some administration. You should get away with the £100 deposit, but anything up to say £250 would not be unreasonable.