High pressure selling -fish

71357

I bought fish from a high pressure sales man who called at the house. I paid part cash and part cheque. I thought I was buying Haddock, Salmon and Sea bass. The fish was pre packed and I checked it the best I could. After salesman had gone I checked again. I noted that a large proportion of the fish was Basa. After checking this out I found it is a Vietnamese cat fish and can cause severe illness and vomiting. There were scrap pieces under the nice looking top fillet of Salmon and it was full of bones. The Haddock was tiny and there was no Sea bass in sight.
I am unable to risk eating any of the fish. I do not have a receipt. I have cancelled the cheque before it has been cashed but still have the fish in my freezer. I was told that the seller would be in the area again in six months time. What should be my next steps? What are my rights?

SeduLOUs

Your rights are to have the contract fulfilled properly, and to receive the items you have agreed to pay for.

Unfortunately by answering your door and parting money with a stranger you don't have the faintest idea who you are actually dealing with or how to make contact in order to make a complaint. Even if you did, the lack of any sort of paperwork or receipt is not helpful. I highly doubt the police would bat an eyelid.

By using cheque for part of the money you have at least saved yourself a few quid, but I think the cash is long gone.

Throw out the fish, see it as a lesson learned and move on.

redfox

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wdah

Who did you make the cheque out to? Could you use those details to track someone down who could deal with your complaint?

arcon5

You better hope he doesn't know the law. As you cannot cancel cheques willy nilly, a defence of poor quality or not as described (unless you can convince a judge it was issued under duress or was fraudulent) will not be accepted.

Cancelled cheque court cases are pretty much open/closed cases in favor of the person who received the cheque.

71357

I paid the cheque to BP Fisheries. The cheque has now been cancelled by myself. I have found an internet site that shows I am not the only person to have experienced this from this company although others are still trying to get refunds -I least I managed to stop the cheque and accept that the small cash payment is lost. My concern is that I will still be responsible for payment if the fish is not returned. Am I within my rights to have cancelled the cheque?

Mojisola

71357 wrote: »

I noted that a large proportion of the fish was Basa. After checking this out I found it is a Vietnamese cat fish and can cause severe illness and vomiting.

You shouldn't have been sold Basa when you were told you were getting another fish but there's nothing wrong with it.

You'll find most supermarkets sell it.

SeduLOUs

71357 wrote: »

Am I within my rights to have cancelled the cheque?

You shouldn't really under normal circumstances, as you are breaching your side of the contract by cancelling it. But hopefully you'll hear nothing more about it.

If you do and they pursue you for payment of the cheque this will give you all of the contact details you need to make a formal complaint about the goods that were received.

How much money are we talking about?

arcon5

71357 wrote: »

I paid the cheque to BP Fisheries. The cheque has now been cancelled by myself. I have found an internet site that shows I am not the only person to have experienced this from this company although others are still trying to get refunds -I least I managed to stop the cheque and accept that the small cash payment is lost. My concern is that I will still be responsible for payment if the fish is not returned. Am I within my rights to have cancelled the cheque?

No.

http://www.sarginsonslaw.co.uk/Case-studies/159/Dishonoured___Cancelled__cheque.html

The debtor tried to argue at the hearing that he was not satisfied with our client's work. The only defence to a claim alleging that a cheque has been dishonoured or cancelled would be to allege fraud (i.e. the debtor didn't actually sign the cheque) or misrepresentation (debtor didn't realise what he was paying for). These defences are very difficult to prove and in reality are rarely ever successful.
There is no statutory or other defence to a claim for cancelling a cheque (other than fraud or misrepresentation, which in reality are very rarely applicable) because by giving someone a cheque you are essentially promising them that you will pay them. We were able to obtain judgement for our client against the debtor customer.

Doesn't mean you don't have a right to a refund. But if he pursued the cancelled cheque he would win.

71357

Thank you. What would have been the correct action to take if not to cancel the cheque? (I appreciate I should not have even opened the door but that's my lesson learned!)

wealdroam

71357 wrote: »

Thank you. What would have been the correct action to take if not to cancel the cheque?

Contact the seller and ask for him to collect the fish and provide a refund.

I do understand that you did not take any details of the seller, so that might be difficult too.