consumer contracts information canvellation

doggychops

Hello and apologies if this is in the wrong place...I am not a regular poster on here but would like a little advice please.

My father in law recently placed an order, for a hospital type bed.
The company 'Oak Tree Mobility' took a hefty deposit of £1700 for a £3675 bed. No problem thus far.

However, since placing the order, he has been admitted to hospital and is very poorly, looking increasingly likely that he may not be able to return to his home. He has been diagnosed with a terminal illness sadly.

I have contacted them and explained the situation and they have said that as the bed is made to order and that they offer a bespoke service, the deposit can not be returned as the bed can not be used for anybody else and therefore can not be sold on. It will most likely be destroyed (Pah!!)

I contacted C.A.B and they tell me that, because he ordered the bed and chose from options they provided..

(i.e tick boxes on an order form giving choice of 6ft, 6ft 6, 7ft etc for length, 3ft 3ft 6 etc for width.

It can not be classed as bespoke.

They have advised me to fill out a letter they provide a template for for "off premises contract on or after June 2014"

I am wondering if anyone has had a similar experience or is aware of anything like this, and if they would be willing to share any advice or help with me.

Sorry for the long winded explanation.

Many Thanks

Mark

wealdroam

doggychops wrote: »

Hello and apologies if this is in the wrong place...I am not a regular poster on here but would like a little advice please.

My father in law recently placed an order, for a hospital type bed.
The company 'Oak Tree Mobility' took a hefty deposit of £1700 for a £3675 bed. No problem thus far.

However, since placing the order, he has been admitted to hospital and is very poorly, looking increasingly likely that he may not be able to return to his home. He has been diagnosed with a terminal illness sadly.

I have contacted them and explained the situation and they have said that as the bed is made to order and that they offer a bespoke service, the deposit can not be returned as the bed can not be used for anybody else and therefore can not be sold on. It will most likely be destroyed (Pah!!)

I contacted C.A.B and they tell me that, because he ordered the bed and chose from options they provided..

(i.e tick boxes on an order form giving choice of 6ft, 6ft 6, 7ft etc for length, 3ft 3ft 6 etc for width.

It can not be classed as bespoke.

They have advised me to fill out a letter they provide a template for for "off premises contract on or after June 2014"

I am wondering if anyone has had a similar experience or is aware of anything like this, and if they would be willing to share any advice or help with me.

Sorry for the long winded explanation.

Many Thanks

Mark

The CAB are right.

There is plenty of guidance out there, one being from The Department for Business, Innovation and Skills.

Here is a quote from their guidance:

An item made up following a consumer order does not necessarily make it a bespoke item which is exempt from cancellation rights. An item, for example a sofa or computer, can be assembled following an order but the component parts may be made up of parts offered from a standard range. So, for instance, a sofa where the consumer chooses a fabric and colour from a range on offer will not be bespoke for the purposes of these Regulations. However, if the consumer asks the trader to source a special finish and which is not in the range generally offered by the trader, that is likely to be a bespoke item.

doggychops

in truth, if they had actually shown some empathy (apart from the token "am sorry to hear that, bull")

and gone on to say, unfortunately it is a non refundable deposit, I would probably have accepted this. However, when they fed me the line that it could not be sold and would probably be destroyed, it got my goat for treating me like an imbecile.

I asked them not to destroy it and I'll pay for delivery, sell it on for 3 grand then everyone's a winner. Strangely enough they declined. I hasten to add, my suggestion was tongue in cheek..just testing their resolve and morals really.

They must make some serious money from elderly folk in similar situations, (I forgot to say that the sales rep, visited my Father in law at his house very quickly after initial contact) He is 84 years old by the way...rather mercenary methinks

bris

When did you order and when did you cancel, have you been and seen the beds? It's a lot of money to pay for something unseen.

hollydays

http://www.express.co.uk/finance/crusader/411460/Chair-firm-ends-discomfort-over-a-900-deposit

http://asa.org.uk/Rulings/Adjudications/2014/10/Oak-Tree-Mobility-Ltd/SHP_ADJ_262180.aspx#.VVrljnB4WrU

wealdroam

hollydays wrote: »

http://www.express.co.uk/finance/crusader/411460/Chair-firm-ends-discomfort-over-a-900-deposit

http://asa.org.uk/Rulings/Adjudications/2014/10/Oak-Tree-Mobility-Ltd/SHP_ADJ_262180.aspx#.VVrljnB4WrU

Interesting to note that the first link shows that the seller only agreed to a 'goodwill gesture' after intervention by a national newspaper. Maybe that's an option for the OP?

The second link shows that complaints made to the ASA against the seller were not upheld.

doggychops

I have phoned the company (yesterday)..spoke to a young lady on the phone who has said she will ring me back. She has said that she does not think they can give full deposit back but will enquire how much the bed has cost so far to produce..she said "ermm,,something like 200 quid"
She also went on to say that she had only worked there for a month..

I have had no phone call and no contact since...maybe she has forgotten..or maybe been fired for appearing to be 'on my side'

I will inform of the outcome when it id resolved..

Incidentally, I quoted the Joyce Holt story from the link Hollydays posted..said if they wish to have more bad press..then continue as they are..she went off to 'google' Joyce Holt

If we are unsuccessful in gaining the deposit back..at least I'll take some solace from having a go.

Thank you for all the posts by the way.

wealdroam

doggychops, you appear to have overlooked the questions bris asked.

Depending on the answers, you may have more rights than you think.

doggychops

wealdroam wrote: »

doggychops, you appear to have overlooked the questions bris asked.

Depending on the answers, you may have more rights than you think.

apologies...i have been trying to gather the information.

the bed was ordered on 18/04/2015, it was cancelled at the beginning of this week.

They stated that the bed was made and ready for delivery.
I have spoken to them again today and they argue that the bed is bespoke and can therefore not be used for anyone else or indeed sold on. They explained that they would inform me of what the cost had already been to them. They contacted me and said that the bed had cost £1465 (I can't remember the exact figure) and as a result offered the difference of £235. I told them that was an insult and I would be seeking further advice.

Incidentally, further response to Bris, The bed has never been seen. The sale was done in my father in laws home with a brochure.
I agree it is an awful lot of money, however, he is an 84yr old man and he was,shall we say, set on getting one as he was having trouble sleeping in the bed he currently has.

Thanks for everyone's help

doggychops

I know this is not a legal point to argue..more of a personal view point I suppose.

I quoted part of their terms and conditions to them today, in the vain hope they may have some empathy...how wrong I was sadly..

It reads...

Our Rights To Cancel and Applicable Refund :

12.1 We may have to cancel an Order before the goods are delivered, due to an Event Outside Our Control or the unavailability of stock (including materials, parts or fabrics). If this happens :

12.1.1 We will promptly contact you to let you know

12.1.2 If you have made any payment in advance for Goods that have not been delivered to you, we will promptly refund these amounts to you.

12.1.3 Where we have already started work on your Order for Bespoke Goods by the time We have to cancel under clause 12.1.1, We will not charge you anything and you will not have to make any further payment to us.

I said that what they are saying here, is it is ok to cancel and refund me if THEY can not access a fabric or working part as that is deemed out of their control..I argued that my father in law actually DYING is an event that is pretty much out of his control.

So...being unable to obtain fabric is terrible = Refund
Dying..= tough s**t?

They found it difficult to answer strangely.

doggychops

I am torn now, whether to actually consult a solicitor or not...any thoughts at all folks?