PLEASE help me!!

sjoyce2050

Hi all,
Please help. My mum brought my Partner, son and I a family photoshoot for my birthday yesterday and we attended 10.11.17 (so two days ago). We were entitled to one free print as part of the deal, a photo shoot, make up and hair and then a voucher for afternoon tea after.
We were pressurised in to buying a digital package of 10 photos (£495) using finance as I am a student and we [stupidly] did it; therefore we got no prints, just sent home with a CD of 10 images (we were also promised one for free, so 11 in total).
We left the shop with a CD, no voucher and £75 lighter as we paid a deposit for the CD.
When I got home to see the pictures, I could have cried: We had 10 pictures (not the 11 promised), two of the 10 were the same pictures, one of the 10 was one that we had said no to and they had not been photoshopped as requested by us and as promised by them; we also realised that we have no voucher for the afternoon tea either.
What I want to know is, is there any way I can get out of the finance agreement in a 14 day cooling off period? Because the pictures are NOT as requested, in fact, they're not even the photos we requested and paid for, nor have they provided the service they promised to.
I have contacted them and they have not answered my question in full, they've only asked me to chose another 2 photos.... I am FUMING!!
PLEASE HELP MEEEE.....

sourcrates

Simply send a written complaint and cancel the agreement, all finance agreements have a cooling off period.

Tell them you are not satisfied, and demand your money back.

Stay off the phone, its too easy to persuade people round to there way of thinking, do everything in writing, keep copies.

Contact your local trading standards if they put up a fuss, or refuse to do what you ask, do not be put off, stick to your guns.

Shakin_Steve

sourcrates wrote: »

Simply send a written complaint and cancel the agreement, all finance agreements have a cooling off period.

Tell them you are not satisfied, and demand your money back.

Stay off the phone, its too easy to persuade people round to there way of thinking, do everything in writing, keep copies.

Contact your local trading standards if they put up a fuss, or refuse to do what you ask, do not be put off, stick to your guns.

I agree..but....I’m not sure it’s so easy to cancel an agreement for bespoke goods. If the shop agree to make good the photos and provide the voucher, it may not be so easy.

sourcrates

Shakin_Steve wrote: »

I agree..but....I’m not sure it’s so easy to cancel an agreement for bespoke goods. If the shop agree to make good the photos and provide the voucher, it may not be so easy.

This is what the law says :

Consumer Credit Act

The Consumer Credit Act regulates credit card purchases but also gives you protection when you enter into a loan or hire agreement. It also gives you the right to a cooling off period.

What's covered by the legislation

Consumer credit in the UK is regulated by the Consumer Credit Act 1974 (amended in 2006), the Financial Services and Markets Act 2000 and various regulations implementing European Union consumer credit law.
Together, the legislation covers the following areas:

• the information consumers should be provided with before they enter into a credit agreement
• the content and form of credit agreements
• the method of calculating annual percentage rates of interest (APR)
• procedures relating to events of default, termination and early settlement
• credit Advertising
• additional protection credit card purchases costing more than £100 and up to £30,000 under Section 75 of the Consumer Credit Act

Before granting credit or significantly increasing the amount of credit available to you a creditor must assess your credit worthiness.
They must base this assessment on sufficient information obtained from you and a credit reference agency.
In addition there is certain information that must be provided to you before a regulated agreement is made. You must be informed of the following:

• the nature of the agreement
• the identity and address of the creditor
• where applicable, the name and address of the credit intermediary

You must also be given key financial information including:

• the type of credit
• the amount of credit or the credit limit
• the duration of the agreement
• the rate of interest charges and the APR and any conditions applicable to the rate
• the total amount payable
• the amounts and timings of repayments

This information must be contained in a document headed 'Pre-Contract Information' which must be provided separately to the credit agreement itself.
Both parties must sign the agreement and a copy of the agreement must be given to you either at the date of signing or within seven days thereafter.

Credit agreements at a distance

The Financial Services (Distance Marketing) Regulations apply where you enter into a credit agreement at a distance - for instance, over the phone or online.
These regulations require that certain information is provided in good time before you are bound by the contract. This information must include:

• name and address of the creditor
• description of the main characteristics of the credit agreement
• total price payable for the credit
• arrangements for payment
• information regarding a right of withdrawal.

Credit agreement cooling off periods

If you sign a credit agreement off trade premises - so at a temporary marketing display stand, for instance - you have the right to cancel the agreement within the cooling off period.
In such an event a notice of your cancellation rights must be included within the copy of the credit agreement and must be sent by post or email within seven days.
You then have five clear days (not counting the date of receipt) in which to cancel.
The effect of cancelling a credit agreement within the cooling off period is that the agreement and any linked transactions are treated as if they had never been entered into.
Consequently, the loan company must repay all sums which you have paid and you must return any goods you've received.

Your right to withdraw from a credit agreement

In addition to the five-day cooling off period, you have a 14 day cooling off period in which to change your mind and cancel a credit agreement.
You have to repay the amount borrowed along with any interest that’s accrued up to the point at which you cancel.
There are some agreements that can't be cancelled, for example where the amount of credit exceeds £60,260 and for agreements secured on land.
The 14-day cooling-off period starts from the day the agreement is concluded or if later, from when you receive a copy of the agreement.
For credit card the 14-day cooling off period starts from when you receive notification of your credit limit.
While the credit agreement can be cancelled, the contract for the item or service itself won't be affected so if you used credit to finance the purchase of a car you would need to find some other way to pay for it unless you have some other right to cancel that contract.

sjoyce2050

Thank you so much @sourcrates. I have been in contact with them, they say that they are sending me out the voucher in the post (which is a fat lot of good because I missed the birthday celebration that the Hilton were arranging for me - as a surprise) and they emailed back and said I could chose two more, BUT they did not address the photoshopping issues nor the fact that I was missing the 11th photo that they had promised..

sjoyce2050

Thank you @shakinsteve. Yes, this is my worry. I don't want to have to keep going backward and forward with them to get what I didn't really want in the first place (after feeling pressurised which I know is my own fault) but I just feel the whole thing was a sham.

sjoyce2050

Your right to withdraw from a credit agreement

"In addition to the five-day cooling off period, you have a 14 day cooling off period in which to change your mind and cancel a credit agreement.
You have to repay the amount borrowed along with any interest that’s accrued up to the point at which you cancel.
There are some agreements that can't be cancelled, for example where the amount of credit exceeds £60,260 and for agreements secured on land.
The 14-day cooling-off period starts from the day the agreement is concluded or if later, from when you receive a copy of the agreement.
For credit card the 14-day cooling off period starts from when you receive notification of your credit limit.
While the credit agreement can be cancelled, the contract for the item or service itself won't be affected so if you used credit to finance the purchase of a car you would need to find some other way to pay for it unless you have some other right to cancel that contract." -

This is all jargon to me, so does this mean that if I cancel within the 14 days cooling off, I can get out of it? I will send the CD back and not post any of the pics online because I understand that they have the rights, is that correct @sourcrates?

sourcrates

Yes, did you get any paperwork at all along with the finance agreement ?

You should of done, there should be a section entitled :

“your right to cancel this agreement”.

simply sign and return that.

-taff

WHat exactly do you want to do? Keep the photos or get your money back?

I'm not clear which one you're after.

If it's just cancelling the credit then cancel it, but if it's keep the photos as well, you can't really have both.

IAmWales

sourcrates you're missing a fundamental issue here, cancelling the credit does not cancel the order placed, all it means is that you have to find another way to pay.

sjoyce, you're fine to cancel the credit, but you need to address the other issues too. You've not received what you originally paid for, so you need to contact the seller and ask them to rectify this. You then need to look at your rights to cancel the pictures, what does your contract say about this?

sourcrates is also wrong about who to complain to, as Trading Standards do not deal with individual disputes. The CAB Consumer Advice Line should be your first port of call.

I'd also suggest you look up the service provider and see if there is feedback from others, there most likely will be. This will give you an idea of how likely they are to pursue this if you fail to pay. Keep in mind that this could result in you receiving a CCJ if you simply cancel the finance and hope the rest goes away.

dawyldthing

sourcrates wrote: »

Yes, did you get any paperwork at all along with the finance agreement ?

You should of done, there should be a section entitled :

“your right to cancel this agreement”.

simply sign and return that.

Recorded delivery too so you've proof they have it