dodgy fire dealer

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wiogs wrote: »

You appear to be missing the point completely.

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

It sounds like the OP asked for a specific feature, the salesman suggested a product and the OP agreed. If OP has subsequently discovered the suggested product does not have the required feature then it has been mis-sold.

The Consumer Protection from Unfair Trading Regs covers both misleading actions and misleading omissions. If the salesman knew it didn't meet OPs criteria but didn't tell them, they are guilty of a misleading omission.

In this case it sounds like the salesman has acknowledged this and is getting a replacement. However they haven't given OP any choice in the matter, or allowed them to agree a price for the replacement. Instead OP should be given the choice to cancel the contract if they wish.

If it were me I would write a letter pointing this out and requesting return of my deposit.

Of course all the stuff about price is completely irrelevant, the only bit that matters is whether the fire recommended by the salesman was mis-sold.

nilequeen

arcon5 wrote: »

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

yes he said he is getting the right fire for me.
I have always had a breakdown/itemised bill or invoice from everywhere I have shopped for big purchases and small, so was expecting one this time, because it has been denied, I am dubious about the dealer. I thought transparency in sales contract was obligatory,the onus is on the seller surely

nilequeen

hollydays wrote: »

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.

Yes I only took his advice because I still thought the fire he had sold me albeit not the one I went in for, met my basic criteria but it didn`t, he knew this, I tried to tell him then, and when I got home I did not really want this particular one he strongly foisted on me but he would not listen, he is very pushy and told me it was right for me because was decorative and I would feel happy and if I moved I could take it with me. I tried telling him I needed a practical fire fit for purpose, looks were not a high priority but he went ahead and ordered it anyway, and told me i would be thanking him like the other woman had who had bought this same fire. He also told me she had come in looking for something completely different ie an inset fire but had been sold this same one.
That Nationwide ad with the overweight man that just would not listen to the customer and went on about the bubbly at the shareholders meeting springs to mind.

nilequeen

wiogs wrote: »

You appear to be missing the point completely.

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

I think you have missed the point, but I am glad some other people have understood it.

nilequeen

rustyboy21 wrote: »

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.

Thanks rustyboy21
The fire I wanted was a Flavel as it has a good reputation as a brand and longevity, I told him I wanted the Firenza for price but he told me it was only a three bar and would not give me as much heat as a four bar. So I opted for the Regent FRGCNOEN radiating and convecting with high efficiency, he told me the LSE regent would do the same but was more of a showpiece, yes it is a good looking fire but was later, upon seeing the brochure, found to be medium efficiency and not radiating, also £110 more in price. He told me that was the fire I wanted, totally overriding anything I was saying.
I hear what you say about Bris but I just felt he was judging me and being opinionated instead of advising, empathy would be too much to expect so I got the wrong impression of him probably, I was already stressed and upset about the situation and he was just coming across a bit cold and splitting hairs, I hope you understand I did not mean any malice to him, never had any discourse with him before either.
Cheers

NewShadow

sorry, am i missing something?

Consumer_Contracts_Regulations wrote:

On-premises sales The trader ... must still provide certain information. For example, information about the goods or services being bought, the price, ... and details of any delivery costs.

Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

Your right to cancel a service starts the moment you enter into the contract and lasts 14 days

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

If the fire has yet to be delivered or installed, can't the op just cancel?

And given they were given no deposit receipt, nor anything outlining the loss of deposit should they cancel, i'd also argue it constituted a part payment rather than a penalty deposit and so should be returned...

I do find it important to say i am currently both sick and sleep deprived... so don't trust the above.

nilequeen

NewShadow wrote: »

sorry, am i missing something?



If the fire has yet to be delivered or installed, can't the op just cancel?

And given they were given no deposit receipt, nor anything outlining the loss of deposit should they cancel, i'd also argue it constituted a part payment rather than a penalty deposit and so should be returned...

I do find it important to say i am currently both sick and sleep deprived... so don't trust the above.

What you advise makes sense, despite sleep deprivation or sickness.
I did try to cancel but he kept telling me I would forfeit my deposit, he did not tell me this when I gave him the deposit interestingly.
He also kept saying a new fire had been reordered even though he told me a minute earlier it hadn`t.
I was also told he would have to charge me £45.00 for return of the fire he actually mis sold to me.
I will again try to cancel as the fire still has not been despatched and I insist on seeing the registration of the fitters.

wealdroam

NewShadow wrote: »

sorry, am i missing something?



If the fire has yet to be delivered or installed, can't the op just cancel?

And given they were given no deposit receipt, nor anything outlining the loss of deposit should they cancel, i'd also argue it constituted a part payment rather than a penalty deposit and so should be returned...

I do find it important to say i am currently both sick and sleep deprived... so don't trust the above.

Penalty deposit? That's an interesting concept.

I think only courts, and maybe a couple of other statutory bodies, can impose penalties.

A deposit can only be retained if it is a genuine pre-estimate of the loss incurred.

A read of this post may help.

nilequeen

I got the fire I ordered and decided to accept it because weather has turned and I need it, and could not be mithered going to court to get my deposit back and all the palava associated with it, not to mention time.
It was delivered but not installed because my chimney is not working and they need to get on the roof to remove chimney pot but cannot do this because of the bad weather so that is that, waiting for a dry day!
Thanks for your replies and the time spent.
cheers