Windows and payment

Confuseddot

Hi,

Looking for some advice I have just received a letter about windows that I ordered in 2011 threatening me with court action unless I pay in full. I will attempt to give you an idea of what happened and hopefully someone can point me in the correct direction. I should point out that during this time I was extremely unwell so my memory and storage of documents wasn't the best.

November 2011 sales guy come does rough measurements gives me a quote felt pressurised into signing it that night as it felt like the guy wasn't leaving until I signed. I subsequently emailed within the initial 7 days or whatever the cooling off period was to state that I didn't want the windows. Subsequent to this I received numerous phone calls from a surveyor to come and measure the windows properly as I didn't want the windows I tried to explain this but to no avail.

December 2011 I received an email from another member from the sales staff offering me a factory price almost half the original price. I believe I replied to this saying that I would like the windows but I can't find details of this.

February 2012 I received an invoice re the windows still mentioning the original price still no visit from surveyor. I emailed the member of staff who quoted me the lower price querying the invoice, he replied that the surveyor would bring out the new contract for me to sign.

March 2012 due to health issues lost my job was in and out of hospital my mum contacted the windows company on my behalf and thought that it was all sorted.

June 2013 Letter from the window company saying that I signed a legally binging contract November 2011 - true but I cancelled within cooling off period. survey was carried out a week letter - untrue also have the emails stating that new contract will be issued when survey takes place dated feb 2012. installation letter sent out - not sure if true or false as I can't find anything backing this up
installation postponed - again not sure if true as I was hospital when my mum spoke to the company. Made numerous attempts to rebook - untrue I had one missed call from them last week and that was it. Three options they give is to phone for new installation date, pay up in full and they will destroy or pay the order in full and pay 20 a week storage rate.

Any ideas ?
Thanks

Hintza

Gather up as much information you have, and get it all in order (printed off?). I would suggest writing to them explaining to them the sequence of events but if you are not clear I think it best if you receive some legal advice in the first instance.

Confuseddot

I have copies of the email I sent cancelling the order and the ones that state that the new contract will be sent our when the do they survey.

argh I wish I could get my brain to work properly think CAB would be able to help ?

Hintza

Confuseddot wrote: »

argh I wish I could get my brain to work properly think CAB would be able to help ?

It would be a good place to start, can you take someone with you who can keep things in perspective (the danger is you might miss important points or only hear what you want to hear, two sets of ears are better than one).

I just suspect the company will try to threaten and bully you and you really need to be on top of your game for this.

Some of the others should be along shortly unholyangel should be able to keep you right.

bris

Get them to send details of the new contract they said you signed when they did the survey, it should have a later date on it to your cancellation email, if not no contract.

Confuseddot

They make no mention of any new contract or any mention of price in their letter.

unholyangel

Do you still have a copy of the email you sent them cancelling way back then?

Tbh I wouldnt worry too much. If they do attempt to take you to court for it, it would be up to them to prove a contract exists and that a breach of that contract has occurred.

Not only that, they'll likely get in trouble for their behaviour.

What exactly have you signed and what exactly have you stated in writing (even by email) to them and what else have you agreed to verbally? I presume no finance agreement was involved?

To try and clarify, are they trying to enforce the original agreement you did sign or this new one that you havent signed?

unholyangel

Confuseddot wrote: »

They make no mention of any new contract or any mention of price in their letter.

Then I'd write to them (keep a copy of your own records and send recorded delivery - so you can "prove" they received it) stating that no contract exists and if they wish to pursue the matter, they should provide a copy of the signed agreement within 14 days or you will consider the matter closed.

Confuseddot

I got the citizens advice to help with a letter which was sent and have now had a reply which contradicts most of what was said on the original letter they sent.

Apparently as I didn't send in the slip to say I wanted to cancel and just emailed that it doesn't count, why they didn't inform me of that when I emailed is rather puzzling but the plot thickens.

Apparently I agreed via a phone conversation .... to a new lower price. Also the survey was now carried out on the 10th of February and they have a sheet with crude drawings on with no date or signature which is allegedly from that date of the survey. The fact that he promised to send out new contract when survey took place and that doesn't seem to be anywhere seems to have passed them by.

I am so angry, going to go back to the cab tomorrow as I too angry and upset to speak them and scared it only get worse.

justmyopinion_2

If the company has acknowledged that you sent an email cancelling the order, they don't have a leg to stand on, unless they can supply a signed contract which post-dates the cancellation. Just because it wasn't on their cancellation slip doesn't mean that the initial order wasn't cancelled.

arcon5

They are chancers. After all this time they are probably struggling and decided to see if they can extract any money from previous leads.

All you'd have to do is defend it stating you cancelled the contract as is your right to do so and show the email you sent. Even without the email, their repeated offers of better prices could be used to demonstrate based on the balance of probabilities that they accepted you wasn't going ahead with the transaction.

Even if you didn't cancel they wouldn't be entitled to the full whack anyway.

Ignore it.