Glazing company cancellation notice

deafblindman

Hello all,

I do hope someone can help me with this. I've already read a thread by Fiscme about an issue with Anglian Home Improvements and their seven day cancellation notice, mine is a similar-ish scenario but with a twist, this time concerning Apple Home Improvements who serve the Dorset and Hampshire area.

I was initially doorstepped by them as my windows clearly do need replacing, and they continued to coerce me into a free no obligation quote. Eventually I caved in but didn't like the salesman who came round as he tried to entice me into a monthly repayment scheme and sign there and then, everything just felt wrong about his approach.

They gave me a follow up call and I explained my issues with their salesman, so they sent another one who is obviously their top man! He was good at his job, dropped his quote by nearly a £1000 when I wouldn't sign, and got me to sign on the basis of a finance agreement where I wouldn't have to pay anything for 12 months. The reason I signed was he absolutely assured me I had a 14 day notice period to cancel at no cost to me whatsoever.

Ten days later their measuring guy came round to measure up. Some discrepancies started showing up with what type of windows I'd agreed on, I started to feel the price was too much even after the £1000 price drop. I got another quote that came in at half the amount so I decided to make use of the 14 day right to cancel.

I am partially deaf and blind, I have a little central vision left but struggle with small print. So I belatedly discovered that the 14 day referred only to the finance agreement with a finance company called Hitachi. The contract with Apple themselves was based on a seven day right to cancel period. I called Hitachi and they said the application had been declined anyway so no worries there. I called Apple, they said not to worry, I hadn't paid any money yet, the seven day notice didn't apply to my scenario. I nevertheless duly sent a scanned copy of the cancellation notice I signed by email to the relevant person in the company.

After receiving no confirmation, I made several calls to Apple to check my cancellation had been received over a period of a few days. Eventually, they confirmed it was being processed and not to worry anymore.

I've now received a letter stating I am outside the seven day notice and either I pay £1305.75 to complete cancellation! It went on to say as I had chosen the finance option they can delay installation until 16th December. There is no finance option, it was declined!

The second page is my two options to sign against and return the form. To cancel, the charge will be £1137.59 (different from the sum on the first page), or to continue with installation delayed until 1st November (again a different date to the first page!)

The contract I signed with the salesman was on the 19th July. The contract I signed drawn up by the measuring guy was on 31st July, which stated on there I had seven days to cancel from date on that document. I emailed the scanned signed cancellation notice on that same day, the 31st.

If I'd been aware of the seven day notice and yet cancelled after that, I accept that's my responsibility. My bone of contention is the salesman emphatically stated I had 14 days to cancel at no cost to myself. Of course he was referring only to the finance agreement, but made no mention of the Apple terms, and so it's a case of my word against his?!

Furthermore, the letter informing me of the cancellation charge is dated 26th July. I didn't cancel until the 31st. I also received the letter yesterday, the 11th August. Basically the whole thing stinks. Sorry this is a very long winded account, and if anyone in the know has managed to read this far, I'd be very grateful to hear your thoughts re this scenario.

earthstorm

I suggest you contact trading standards, they look and sound dodgy

http://www.reviewcentre.com/reviews188880.html

http://www.track-days.co.uk/gassing/topic.asp?h=0&f=210&t=1213798&nmt=Detective+Work+-+who+is+behind+Apple+Home+Improvements

timbstoke

First, relax. They've lost a sale, so they're blustering and trying to get whatever they can out of you. And what they can get out of you is nothing.

Second, write back to the company, pointing out the following:

1. You agreed to go ahead based on the finance arrangements agreed. As their finance agent has refused to provide you with the agreed finance, they are in breach of the agreed contract and therefore there is no obligation on you to proceed.
2. Notwithstanding the above, you still notified them of your intent to cancel within the 14 days agreed with their salesman. This verbal agreement constitutes an amendment to the written contract.
3. Their agent confirmed by telephone that your cancellation was received and processed successfully.

Because of this, you consider this to be an end to the matter and will not be entering into any further communication, however if they feel they have a case, you look forward to receiving their court papers, which you will defend vigorously.

deafblindman

Earthstorm, many thanks for those two links, of which the latter as quite interesting!

Timbstoke, thanks for your assurance to relax! I did wonder about the finance agreement aspect. Everything about their approach is shoddy, notwithstanding two different cancellation amounts and dates for delayed installation within one letter, but that installation can be delayed because I have a finance agreement!!

When I called Hitachi with the paperwork to hand, their was no authorisation code or any other ref numbers to give them, they found my application through name and address details in the end. I was surprised it had been turn down as I have excellent credit history and they said it wasn't necessarily down to poor credit history but other factors (maybe a poorly filled out form by the salesman?!)

I understand what you're saying about the verbal agreement constituting an amendment to the contract, but won't that just be a case of my word against his?

timbstoke

Of course it will be your word against his, but that's OK. They're trying it on and there's no chance they're ever going to take it further, so you're never going to have to argue the point.

Even in the very unlikely event that they did take you to court for it, they're going to need to a) persuade the court that their salesman is being completely honest when he says the 7 days period was properly explained to you, b) persuade the court that the failure to offer you finance shouldn't affect your obligation to proceed, and c) convince the court that £1100 is how much your failure to proceed has cost them, despite their best efforts to mitigate their losses.

I sincerely doubt they'll be able to do any of those things.

deafblindman

Thanks Timbstoke, I see what you're saying. Having never been in a position of daring a company to take me to court, I was feeling a little nervous about writing such a response to them, but of course that's what they're relying on, bullying pressure methods so shall do as you've suggested and post progress here. Thanks once again:beer:

deafblindman

Hello all,

Timbstoke, once again thanks for your advice. Before writing to them I also contacted Trading Standards for any possible further advice. They advised me to quote Section 57 of the Consumer Credit Act and that on a failed execution of the finance agreement, I wished to revert back to a pre-contractual position. Essentially, what you said Timbstoke but it's always good to have some official terminology to fire at them. I also included what you said about saying the salesman's clear statement I had 14 days to cancel at no cost to myself constituted an amendment to the written contract. So I emailed a scan of the signed letter and informed them the paper copy is in the post.

However, I've just noticed something else in the welcome literature from Apple before I decided to cancel. The form for the finance agreement the salesman filed on my behalf was with Hitachi Capital, who I've doublechecked with that the application was declined. In the welcome literature it says they would like to acknowledge the receipt of my Barclays Home Improvement Credit Agreement which has been duly processed. We never filled out an application to Barclays, only Hitachi!

I just called Hitachi to ask if they have any affiliation to Barclays, explained the situation but she was unable to help other than throwing a supposition out there that because it was declined, it was passed onto Barclays who approved it? Does this happen? Without my prior knowledge? Are they obliged to inform me the credit agreement has been moved on to another company without notifying me beforehand? It would explain why Apple has been proceeding as if my finance agreement was never declined. Have called trading Standards again and am waiting for a callback, so in the meantime, thoughts anyone?

Cheers

deafblindman

Well, a further update as I just called Barclays and they confirmed I have an finance agreement accepted with them. Basically, they said a company can find another finance deal if one gets turned down, but that I certainly should have been notified. I certainly think I should have been notified beforehand considering this agreement has different T&Cs. With Hitachi, I would have had a period of 12 months to pay nothing. With Barclays the period is nine months! I also bet the administration fee to settle the amount in full is different too! Timbstoke..... are you there? What make you of this?! Hopefully Trading Standards will call me back soon to advise.

deafblindman

Right, a further update, probably boring the heck out of everyone but this can serve as a cautionary tale. I think they've got me over a barrel here. They got a finance agreement via Barclays because within Apple's own contract paperwork, there was a little box that said 'OR: financed by Barclays", of which my signature is on. My big mistake! Trading Standards said to clarify with Barclays whether the finance agreement has been "executed" with signatures from both parties or merely agreed in principle. If not executed then I could still use Section 57 of the Consumer Credit Act to withdraw. Unfortunately Barclays confirmed it has been executed, and it was outside of the 14 day notice period. Even if it was within the notice period, while they could give me information on the agreement, any actions such as to cancel could only come from the third party themselves, such as if I had notified Apple within the seven days and they agreed to cancel, then they would notify Barclays to cancel. So it seems I am screwed on citing failure of finance agreement as a reason to back out of Apple's contract.

Am waiting to speak to Trading Standards again to see if the different T&Cs of Barclays as opposed to Hitachi whose T&Cs of a longer deferred payment and lower administration charge, of which I signed the contract on the basis I had 12 months and not 9 months to pay, holds any weight in saying the original contract is null and void. However, as I signed their contract of which within it states an alternative of Barclays financing, I guess that might not rule in my favour.

Also, referring to the salesman saying I had 14 days to cancel and declaring that as an amendment to the written contract, on the contract it says verbal agreements are of no effect.

Perhaps the only route left is to get them to justify their rather high cancellation fee being appropriate to mitigation of their losses? Ah I dunno, feeling a little glum now and wanting to garrotte their salesman for pulling the wool over my eyes!

bod1467

Whilst it's not a parking issue (where she normally "lives"), it might be worth sending a PM to Coupon Mad as she's pretty hot on the Equalities Act 2010. (Based on your previous comment regarding partial deafness and blindness). Are you registered "disabled"? Or have doctor's notes confirming your "disability"?

The reason I say this is that it sounds like the salesman didn't draw your attention to such matters as the alternative finance etc. As such they may have breached the Equalities Act and so committed a criminal offence.

deafblindman

Thanks bod1467 for your reply. I may pm Coupon Mad, appreciate that heads up. Still waiting to speak to Trading Standards again. Shall mention what you pointed out to them as yes I am registered disabled, or rather am registered partially blind and deaf and receive Disability Living Allowance. The other angle is that when the guy came to officially measure the windows, amendments had to be made to specifications so we signed some more paperwork, various sheets such as "windows & doors order sheet" and the first page says "variations/additions to contract". On that page is mine and the surveyors signature and date, the 31st July, twelve days after the original contract was signed with the salesman. On this sheet it says "you have the right to cancel this agreement within seven calendar days starting from the date of receipt of this document". Given that after the surveyor left, and I realised I wanted out and emailed my cancellation notice that same day, does this "variations/additions to contract" paperwork supersede the original contract date and seven day notice?