Rogue trader - breach of contract

Liloly

I have a cousin in her 50s who although very intelligent suffers from mild autism.


I discovered that she signed a contract 8 months ago for the installation and fitting of 8 replacement interior door handles for the exorbitant price of £620.00. She tells me that it was not made clear to her she was signing a contract and indeed the word contract only appears in the small print. The copy she has shown me although having the company details on a header looks like a jotted note. There is a method of payment box cash or cheque and cash is ticked. She was told if it was going to be cheque then vat of a further 20% would be added on bumping the cost to £750.00.


This was done in a doorstep sale. She herself did contact the company. She wanted the work done within a month and this is jotted down next to installation date.


Now she was promised they would be in touch the following day to arrange a survey. (I don't understand how he could give a price without a survey first) but she heard nothing from them.
As time rolled on she decided to approach another company who suggested she obtain the handles she wanted herself and then they would fit them.


She did this and the work was done in July for a cost of just over £100 for the handles and £70.00 fitting.


Now two months ago the original company turned up on her doorstep one evening saying she has a contract with them and demanding access to survey the property. He became quite aggressive and tried to push past her into the house. (Bear in mind this is a vulnerable lady pushing 60 who lives on her own).


She did mange to get rid of him by stressing it was not convenient. On the advice of CAB helpline she then sent a letter by recorded delivery saying that the contract had been breached as the agreed time for installation had long passed and no message had been received from them since the initial visit.( It may well be that they tried to phone her some time after the agreed date but nothing has shown on her landline or mobile caller displays with the company's phone number in all that time. It may be they were using a mobile but it is reasonable to expect a message to be left as neither she nor myself will answer unknown mobile numbers.)


She gave them 14 days to make a written response but nothing was heard until this week (6 weeks after her letter to them) saying they called at her home numerous times in March and April. If so they did not leave a card to say so otherwise she would have immediately contacted them to have the job done.
They are now asking for her to either have the original job done or pay 75% of the contract price as per their terms and conditions. That would be £465 for them doing nothing at all.


One of the terms of the contract says that if you cancel after they have 'made the goods' then 75% of the full price is payable. However they would not be making door handles as these would only have been bought after they had measured up, which they never officially did - or 25% if you cancel after they have surveyed but not yet commenced 'making the goods'.


The CAB have advised they can only refer her to Trading Standards after she has sent them at least two letters so she will have to write again. She is obviously not going to pay them as we cannot see how they are out of pocket plus I do not see how they can reasonably argue they have not breached the contract themselves.


Any thoughts on what she should say in her second letter to them?

phill99

I would be inclined to do nothing. Companies like this use bullyboy tactics. They make threats and when the push comes to the shove, they wont take it to court as tjey will then be exposed.

Make sure she keeps a diary of any communication with them and to stand her ground.

Doozergirl

I'd ignore them. Rising to the bait and taking them seriously is likely to keep them trying. There is no contract anymore. They failed to do anything, she wrote telling them clearly that the contract was cancelled, they did nothing on time.

If they call again, I would phone the police. No one has the right to enter your home without permission. If they think they have the law on their side, let them go to court. The fee is only small - your relative has more to gain than lose. They won't go to court.

Who are these people? Do they have a name?

thebaldwindowfitter

does the contract have a seven day right to cancellation notice on it ie this was done off the traders premises so your aunt legally has seven days to cancel if this wasnt on the contract(or an explanation in writting of how cancellation can be done and must be included with the contract) it is not a legal document .If it is present then they have also no done the job or been in contact we would do this by recorded delivery if contact could not be made

southcoastrgi

yeh name & shame em

pelirocco

I'd like to know how they can state in a " contract " that if you pay by cash you don't pay vat !!

Either the company is registered for vat or they aren't. ! Either way they are acting illegally with that in their t&s's

Liloly

Thanks for all your replies.


I will tell her to ignore the letter and see what happens.
If they go to court, presumably the small claims then I will go with her.


They did not respond within the 14 days she gave them and interestingly the recorded delivery letter posted on 1 September was not signed for by them until 12 September which indicates the address they operate from is just used for picking up post.

robatwork

If everything you have written is truthful, then name them.

You can't get in trouble if you have only told the truth.

I think we all deserve to know who this shower of cowboys are.