kilt order cancellation rights????

hellsbells120780

i have found out that during the 45 minute phonecall in which the salesman basically hassled my partner into buying goods that the 'cloth was cut' even before my partner had paid for it, so my partner felt obliged to go ahead with the order. my partner said the saleman must've had someone else calling the mill at the same time as he was on the phone hassling him into buying things. my partner requested to delay until he had spoken to me but the guy just kept saying "can't you make this decision on your own". are there any rules against unscrupulous people like this? please try not to be horrible in your answers, we already feel conned. my partner was just excited at the prospect of getting married and getting a kilt with his 'tartan', this guy took advantage of him.

hellsbells120780

he says he felt pushed into it and also was advised the express delivery charge £35 would be free

NCISROCKS

hellsbells120780 wrote: »

i have found out that during the 45 minute phonecall in which the salesman basically hassled my partner into buying goods that the 'cloth was cut' even before my partner had paid for it, so my partner felt obliged to go ahead with the order. my partner said the saleman must've had someone else calling the mill at the same time as he was on the phone hassling him into buying things. my partner requested to delay until he had spoken to me but the guy just kept saying "can't you make this decision on your own". are there any rules against unscrupulous people like this? please try not to be horrible in your answers, we already feel conned. my partner was just excited at the prospect of getting married and getting a kilt with his 'tartan', this guy took advantage of him.

How exactly did they manage to extract financial details over the phone? As you say your partner got excited and I suspect got 'carried away'. I suspect buyers remorse here.

somethingcorporate

For a transaction to be agreed it takes a willing seller and a willing buyer. Your husband was willing the second he gave over the bank details. Whether he was coerced or sold to makes no odds. He was willing.

I agree, this seems like buyers remorse.

Flyboy152

bobajob_1966 wrote: »

I disagree. The OFT Guidance states that the DSRs do not apply to goods which are 'made to the consumer’s own specification such as custom-made blinds or curtains'. I would say that the kilt falls under the same principle as custom made curtains. If you order curtains you would say 'I would like curtains of this size in this material'. In the same way when ordering the kilt the OP asked for 'a kilt of this size in this material', so being exempt from the DSRs.

Edit: The Regs actually refer to 'goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly', so the fact that they are not personalised is irrelevant.

There is a distinction between "made to the consumer’s specifications" and "made to order." If I buy a shirt, that is offered for sale in a catalogue, that anyone else could buy and it is produced after the order is taken, does not make it made to my specifications, it just means they made it when I ordered it.

Flyboy152

arcon5 wrote: »

Yes but op hhasn't yet said it was made to a custom size. Just they selected from a list of material options, which doesn't make the goods personalised and therefore DSRs will apply.

If though op comes back in the morning and it transpires her hunsband ordered the goods to be to a specific size, DSRs would not apply as the goods hav been personalised to their specified size.

Hmm....I can see your point, but it is possible that that would only matter if it was actually bespoke and not a standard size, for example, to fit someone who is five foot eight. Rather than the customer's height, waist, chest and torso measurements, along with secifications for sporron, belt loops, broaches and pins.

Flyboy152

hellsbells120780 wrote: »

i have found out that during the 45 minute phonecall in which the salesman basically hassled my partner into buying goods that the 'cloth was cut' even before my partner had paid for it, so my partner felt obliged to go ahead with the order. my partner said the saleman must've had someone else calling the mill at the same time as he was on the phone hassling him into buying things. my partner requested to delay until he had spoken to me but the guy just kept saying "can't you make this decision on your own". are there any rules against unscrupulous people like this? please try not to be horrible in your answers, we already feel conned. my partner was just excited at the prospect of getting married and getting a kilt with his 'tartan', this guy took advantage of him.

Yes, there is. It is called TheConsumer Protection from Unfair Trading Regulations 2008, regulation 7(3)(b), "exploiting a position of power in relation to the consumer."

Flyboy152

somethingcorporate wrote: »

For a transaction to be agreed it takes a willing seller and a willing buyer. Your husband was willing the second he gave over the bank details. Whether he was coerced or sold to makes no odds. He was willing.

I agree, this seems like buyers remorse.

Not necessarily, according to the CPRs,

Hintza

Flyboy152 wrote: »

"exploiting a position of power in relation to the consumer."

Where is the exploitation here? There isn't any.

The bloke only had to say no thanks or he said yes but is now wriggling with the boss.

bb999

OP, do you have legal cover on your home insurance? If so, could I suggest you contact them and ask for their advice / help. Contract dispute help is one of the major plus points of this type of cover.