Bullying kitchen salesman

Lisajh

Please can someone give me some advice on the above. My elderly parents-in-law spent 3 hours with a kitchen salesman in their own home last night and by his powers of persuasion they signed up to buy a kitchen for £8500!! WIth a 'buy now offer' of if they pay him £2000 they get it for £6000. They handed over £2000 in cash (I know it makes me shudder!) and now they have spoken to me and their son they want to cancel the kitchen as they realise they have been foolish but we are unsure of our rights and where we stand. I am planning to go and visit the company tomorrow with a written cancellation letter and am hoping to get the money back and the kitchen cancelled. Is there any advice anyone can give me that might aide my 'mission'? It will be greatly appreciated.

MamaMoo_2

Hope this helps!

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Situationsthatcanchangeyourconsumerrights/DG_194562

Alfrescodave

I think the cancellation process is affected by the fact did they invite him to their house to discuss a new kitchen or did he just turn up unannouced, "cold-calling" ?

Lisajh

MamaMoo

Thank you so much :beer:

Lisajh

I am not entirely sure. I think it started initially by a 'cold call' phone call which led to him just popping round for a chat then the pressure selling kicked in.

MamaMoo_2

Lisajh wrote: »

MamaMoo

Thank you so much :beer:

If they try and refuse the refund, as you have only seen the kitchen in a brochure, you should have cancellation rights under the distance selling regs anyway. This is until 7 days from the day after delivery.
If there's still no luck, I suggest writing them a demand for the £2000. Give them a time frame (7/14 days)
If you still receive no refund, write them a letter before action (Google "Letter Before Action Template" for a template letter)
If they still don't reply, take them to court.
I'd also suggest reporting them to trading standards.

mo786uk

As someone has linked to above

If the salesman came around to their house (doesnt matter if invited or not) and they did the deal then and there then they have 7 days to cancel.

He should have given them paperwork to tell them off this - failure to do this is a criminal offence and worth reporting to Consumer Direct/Trading Standards.

They will not have these rights if he gave them the details but they then did the deal by phone or went into the shop.

Make sure you act within 7 days - the law allows for you to cancel in any written form so you dont have to use the cancellation form that they should have given.

unholyangel

Alfrescodave wrote: »

I think the cancellation process is affected by the fact did they invite him to their house to discuss a new kitchen or did he just turn up unannouced, "cold-calling" ?

http://whatconsumer.co.uk/doorstep-selling/

Was changed in 2008 to include all contracts over £35 from what it says there.

As for what was mentioned above about notice to cancel:
The Seller’s Obligations

With any contract or sale made in this way, you must be sure you have been presented with clear written notice of your 7 day right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable, even if a deposit has been paid. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. Any related credit agreements will also be cancelled.


However the cooling off period does NOT apply to:
Goods which are personalised or made to a personal specification


AFAIK most fitted kitchens are made to specifications depending on the measurements of the customers kitchen and their preferences.

However if the cooling off period doesnt apply in this case, would someone perhaps be able to confirm the company should still refund all monies paid less their actual loss or even all of their monies and pursue separately for the loss? If less than 48 hours has passed, there may be a chance work hasnt started yet so their loss may be nil.

paddyrg

Even a custom kitchen contains very few custom elements, certainly not carcases or appliances for instance. And as a company selling direct in homes, they will be very aware of the laws around it, no matter what they say. Be very firm.

unholyangel

paddyrg wrote: »

Even a custom kitchen contains very few custom elements, certainly not carcases or appliances for instance. And as a company selling direct in homes, they will be very aware of the laws around it, no matter what they say. Be very firm.

I was more referring to the cabinets. I know our kitchen we got to specify what size we wanted. It wasnt a multiple choice thing. But then our kitchen layout isnt the norm.

MamaMoo_2

unholyangel wrote: »

I was more referring to the cabinets. I know our kitchen we got to specify what size we wanted. It wasnt a multiple choice thing. But then our kitchen layout isnt the norm.

Not too sure about the kitchen for the OP, but the one I'm having fitted at the mo is standard carcasses. No carpentry needed.
I know when I used to do doorstep sales (for my sins) we wouldn't action or order anything until 7 working days after the contract was signed, thus ensuring that if someone did cancel, we could just pull the contract out and not action it.