Tricked by a Salesman

wealdroam

So term 6 says:

6. You may cancel this contract if you want to but you may incur costs if the contract is cancelled by you other than in accordance with term 2 and term 4 above.

What do terms 2 and 4 say?

ps124

Hi...

Terms 2 and 4 posted in the link below.

http://i1377.photobucket.com/albums/ah50/ps124uk/Contract/contractcancellation2_zpsea628897.jpg

So what do you guys think? I need to do the following:

1. Call them today, request them to cancel the contract
2. If they agree, request written confirmation and send them a letter or email and request for the contract to be cancelled to cover myself
3. Pay the charge and ensure the cheque is cancelled?
4. If they don't for whatever reason agree to cancel, I cancel the cheque anyway and write a letter requesting for the contract to be cancelled and stating some reasons why

Agree with the above steps? Should I contact the ombudsman/trading standards about this? Do I have a legitimate argument. Just to re-iterate, I only agreed to this on Sunday!


Please help! :-)

bod1467

Term 2 allows cancellation if the quoted price changes. Term 4 allows cancellation if finance is refused.

So they are saying you CAN cancel, but they may charge you their accrued costs at the time of cancellation, per term 7a). Given that you cancelled less than 24 hours (?) after signing the contract then their accrued costs would be negligible - £50 at most.

And before anyone jumps in and shouts "loss of profit", the contract T&Cs explicitly state in this case the consequences of cancellation - and these do NOT mention loss of profit.

Bantex_2

bod1467 wrote: »

Term 2 allows cancellation if the quoted price changes. Term 4 allows cancellation if finance is refused.

So they are saying you CAN cancel, but they may charge you their accrued costs at the time of cancellation, per term 7a). Given that you cancelled less than 24 hours (?) after signing the contract then their accrued costs would be negligible - £50 at most.

And before anyone jumps in and shouts "loss of profit", the contract T&Cs explicitly state in this case the consequences of cancellation - and these do NOT mention loss of profit.

If the company pay the salesman on receipt of a signed order, could that be construed as a loss to them?

ps124

Hi All,

Ok so I finally got hold of the manager of the salesman this morning. I explained my situation and the fact that it wasn't made clear to me that I was entering into a committed contract. I explained I was told that I could cancel at any moment within reason and stated that I did want to cancel the order and have my deposit returned.

He was understanding and agreed to my request. He said he has updated my record to cancel the order and that I would either receive my cheque back in the post or if the cheque has been cashed, I would receive a new cheque back from the company. I also requested a written letter to say the contract has been cancelled to which he agreed.

For piece of mind and clarity, I requested an email address where I could send a written notice of my wish to cancel and he has provided his own company email. I have seen they have have not cashed the cheque.

So should I still pay the bank charge (£12.50) and have the cheque cancelled just in case? Also, what should I be looking to put in this letter to him?

Does the above sound like a positive outcome? Thanks again.

ThumbRemote

ps124 wrote: »

So should I still pay the bank charge (£12.50) and have the cheque cancelled just in case?

It depends on how much you trust him to stick to his word.

philatio

I would cancel the cheque.
I would also write them a letter (not email) to confirm "my conversation with ____ on _date_" re the cancellation. And then post it and get proof of posting.

I would do all this before I would trust the spoken word of a sales manager of a double glazing firm.

ps124

Hey...thanks guys.

But If I write an email to the manager and ask for him to confirm in a return response, do you think I still need to write the letter?

Or am i overthinking this?

McKneff

£12.50 is a cheap price to pay, imagine the peace of mind as soon as it is spent......

ps124

Hi Guys,

What do you think of this written letter? I will also send this to the guy via email.

Dear joe bloggs,
As agreed during our telephone conversation on the morning of 21st October 2014, this is to confirm what was discussed and agreed with regards to the cancellation of my order.
I stated to you in this call that during the quotation meeting at my house, I paid a £300 deposit on the basis of a confirmation by xxxxxx xxxxxxx that I could cancel this order within a few days should I wish to, no questions asked, and without incurring any additional charges. He suggested this deposit would merely be used to hold the price that was quoted for the work on the day of the 19th October 2014.
Not once during this quotation meeting did xxxx xxxxxx intimate to me that the £300 deposit would be taken as confirmation of order or that charges may apply should I wish to cancel, nor did he run through any terms and conditions of cancellation or the contract before I paid the deposit.
As agreed on our call, you will cancel the order I unknowingly placed on Sunday 19th October, and that the deposit will not be cashed. If it has already gone through your system, you have agreed to refund the deposit.
Please can you provide a written response to confirm that the order has been cancelled and that the £300 deposit will be returned to me as whole without any additional charges if it has been cashed.

Regards