dodgy fire dealer

nilequeen

I needed a new gas fire, knew exactly what I wanted re brand, efficiency, output etc.
I contacted a local business instead of just buying online as I was afraid it might be a fake or I might be stuck with it.
He said it would be free to come round and look at the hearth etc as he was local.. he told me I would need a misermatic and it would be a cash transaction to the total of £409 including fitting.
I rang the Flavel manufacturer and was advised some more alternative models I liked and a brochure, the prices were good as well.
I went in with my list of preferences and to pay a deposit so he could order it but he strongly suggested, insisted I have the more expensive fire as the ones I chose he thought were tinny, he insisted his choice was better for me as another customer had purchased it and was very happy and rang him with positive feedback. It would now be £520.00 incl fitting. He refused to give me a deposit receipt just scribbled £50 on my list and told me to trust him he had been in business for 30 years there would be no problems. I gave him £50 deposit as I had saved it and did not want to spend it elsewhere, however I had a negative feeling about him and left a bit unsure.
I rang him when I got home to insist on a receipt or get my money back he said it was too late and he had ordered the fire and I was doing the right thing it was a nice looking fire, it was but the price was not and I only allowed myself to be railroaded because I actually thought he knew what he was talking about and it met my needs and criteria re efficiency.
He rang to tell me fitting would take place thursday, yesterday, however the brochure arrived and it cleasrly said the fire was medium efficiency not high like I needed and he was aware of also it was not a radiating fire either, that was another one from the same range and cheaper by £100. I rang two more places just for confirmation and second opinion. They both advised what i knew already that I had been sold the wrong fire.
I rang the dealer again to see if he could exchange it and postpone the fit, he said the people I had consulted did not know what they were talking about and he insisted on sending the fire but I did not let them fit it, they agreed that was not the right fire and rang him and then told me he was getting me the right one, I suggested I would order it myself as it was £248 free delivery and he could fit it but he said he had already ordered it.
I had also asked him for their gas safe registration to confirm it with gas safe but the dealer went a bit mad and said nobody could fit a gas fire unless they were gas safe but I had lived with a dodgy fire in the past and am lucky to be alive, and because I don`t trust him and alarm bells were ringing I put everything under question. He just kept talking over me and trying to disconnect me and told me I would lose my deposit and have to pay for the return of the mis sold fire, that would be £80.00 if I cancelled the sale. I told him he was ripping me off by £70 overcharge.He now put the complete price to £440. minus deposit paid , balance is now £390.
i asked him for a breakdown of the price as I know the fire is £248
but he refused to tell me he only tells price with fitting he insists,
" I don`t do breakdowns I`m not a mechanic". He is charging me £190 for the fitting that means and even with vat a fit is £130 at the most, I have been quoted, without vat it would be between £100- £112, so he is charging vat sneakily but tells me if he was charging it officially it would add £100 more to the bill.
What should I do? I am stuck with it, either lose my deposit or go with the sale and get ripped off, I now must insist on taking fitters registration and trying to get the price down protest, but I don`t want to ring him or speak to him, should I speak to trading standards at this stage?
Please advise

bris

Arguing over price when the deal is already done is to late, you went, he did his salesman part and you agreed. Due diligence should be done before you part with money not after.


The fact you gave him a deposit is all that is needed to form the contract, receipts are not required as proof.


Neither does he have to justify the sale to you, breakdowns are none of your business all you are entitled to is what you agreed.

nilequeen

bris wrote: »

Arguing over price when the deal is already done is to late, you went, he did his salesman part and you agreed. Due diligence should be done before you part with money not after.


The fact you gave him a deposit is all that is needed to form the contract, receipts are not required as proof.


Neither does he have to justify the sale to you, breakdowns are none of your business all you are entitled to is what you agreed.

I did not get the fire I was sold it was misold to me because it was not as described, re efficiency and type.
Surely one should get an itemised bill or be told the price of each item if more than one on same bill.
The receipt was needed as proof in case he backed out later he probably still could, I am entitled to some written acknowledgement of money paid.

bris

No your not all your entitled to in law is a VAT receipt if he is VAT registered.


If you were misold and didn't get what you paid for then then it's a civil matter. However you clearly state he suggested a different model based on his experience and you agreed, so you did get what you paid for. I refer to my point about due diligence.

nilequeen

bris wrote: »

No your not all your entitled to in law is a VAT receipt if he is VAT registered.


If you were misold and didn't get what you paid for then then it's a civil matter. However you clearly state he suggested a different model based on his experience and you agreed, so you did get what you paid for. I refer to my point about due diligence.

No he may not be vat registered.
It was mis sold he did not sell me the fire I had wanted nor ordered, he was aware it did not meet my criteria, I have explained all this in my original post so there is no need to split hairs any further, I asked for advice, not to be patronised.

bris

nilequeen wrote: »

I went in with my list of preferences and to pay a deposit so he could order it but he strongly suggested, insisted I have the more expensive fire as the ones I chose he thought were tinny, he insisted his choice was better for me as another customer had purchased it and was very happy and rang him with positive feedback. It would now be £520.00 incl fitting. He refused to give me a deposit receipt just scribbled £50 on my list and told me to trust him he had been in business for 30 years there would be no problems. I gave him £50 deposit as I had saved it and did not want to spend it elsewhere,
Please advise

Ok I am giving you the facts as they are written, nothing patronising about it.


You went in with your list, he suggested something different and you clearly agreed to this or why give him a deposit?


You clearly have buyers remorse, this is not covered in law, the fact that you believe you have paid to much is no reason to cancel a contract, nothing personal or patronising just the way it is.

nilequeen

Captaincodpiece wrote: »

Your OP contradicts itself.

You knew what you wanted brand efficiency etc before you went into the shop. You placed the order and then realised your facts were wrong.

So how was it mis sold?

Once again it was mis sold because the dealer knew what I wanted re efficiency rating etc and despite this he still sold me something that was not of that description, I thought he knew what he was talking about and was fully aware, but he mis sold it to me knowing it was not.
I went to place the order for the one I wanted but was mis sold something else.

arcon5

So he's getting the right fire for you?

You are not necessarily entitled to a breakdown - a price was agreed and that's that. If you buy it from the manufacturer they won't give you a breakdown either ie materials, electric, labour etc etc

rustyboy21

Take no notice of the efficiencies quoted on a lot of gas fires, some of them are totally bunkum. There are only a few manufacturers I will state that the efficiencies are accurate. There has been one hell of a stink over the past year over some ill thought out regulations that were passed, which allowed a manufacturer to let a fire spill carbon monoxide into your room and class it as added efficiency as it was hot gases ! The decent companies refused to use the new regs and forced a rethink, but the revamped testing and regs are not retrospective.


What fire did you want and what fire did he offer you and you agreed? I may be able to give you some advice as it is my field of work.


Saying that you can buy it for £248 and get him to fit it is totally unfair. The internet is renowned for people who sit in spare bedrooms, selling fires and getting the local plumb centre to deliver them to you. They make £10 on the sale, but 'Hey £10 profit is ok for just pushing a few buttons' Whilst the retailer has business rates, insurance, rent lighting,gas bills etc to pay out.


You agreed to the price. Bris is a good egg on here, he helps lots of people out on consumer issues. You are being unfair to him.

hollydays

I can see you think you were railroaded, but on the other hand it could be that you simply took his advice, which surely is the advantage of using a long established business.

wiogs

nilequeen wrote: »

You clearly don`t understand a thing so please don`t waste your time and mine by posting.

You appear to be missing the point completely.

You went to buy item A, salesman convinced to you buy item B and you agreed.