Can I Cancel New Garage Doors-Signed Contract

MerryMacMas

Hi,

On Friday 02.03.18, an Agent from a well known company visited me to price up a new large electric garage door (to replace my twin doors), install and fit a lintel. I paid a deposit of £3,500. and signed a contract.

He said a surveyor would be around in about 10 days to re-measure up and double check what is needed and nothing can proceed until then. Fitting would take about 1 day and would happen in about 10-12 weeks time.

Over that weekend, my boiler went wrong and needs replacing (about £3,000.) I now cannot afford to purchase a boiler and pay the balance to complete on the garage door. I phoned the company and they say that as the order refers to 'bespoke items' then they wont give me a refund. It does mention this in the contract, however, nothing has yet been made and I notified them only 3 days after I signed.

I'm writing this with no hot water or heating as I can't order a boiler in case I have to fulfill on this contract. I can't get a loan as I am not currenly working. I've told the company this, but they don't seem interested.

PLEASE ADVISE......

Diamandis

You can cancel the contract but the company can recover any losses from this cancellation from you. This may be a large amount if the doors have already been ordered/made.

MerryMacMas

Hi,

Nothing has been made yet, as they can't proceed until the surveyor visits to re-measure and check. I spoke to the company again to see if they offer any finance (even though I knew I wouldn't be eligible (but the don't offer any).

neilmcl

How much is the whole job, £3,500 is quite a sum for a deposit?

The trader is generally only entitled to keep an amount sufficient in covering their costs so it would not be reasonable for them to keep the full deposit you're put down.

MerryMacMas

Hi,

The total cost is £7,000. I paid half.

They advise me that there is a letter iin the post to me, advising that this is all legal under 'bespoke items' even though nothing has been made yet.

Srose

I have no expertise in this area but my thoughts are;

Does your contract mention a cooling off period? Also send an email/letter reiterating what you have done. So you have some proof that you tried to cancel the contract within 3 days.

Something along the lines of; As per our conversation on the phone on the X of the X. I wish to cancel my contract.

Also somewhere it should mention subject to survey? As the surveyor could arrive and then said no its £X more or less.

State in the letter you understand that there will be a reasonable administration fee for the cancellation. They can't have much expenses as they haven't made anything!

But from experience, make sure you put things down in writing.

Srose

PS side point:

I was offered a payment plan from British gas for my boiler. I am sure it is a more expensive way to purchase but if you don't have the money available it might be suitable. Get a quote. (there is no obligation! as we didn't take them up on it and the quote didn't cost us anything).

lewishardwick

Can you perhaps ask to delay the order? Get the boiler fixed then continue the garage door order in a few months?

DoaM

Was the contract made at your home?

https://www.legislation.gov.uk/uksi/2008/1816/contents/made

KeithP

DoaM wrote: »

Was the contract made at your home?

https://www.legislation.gov.uk/uksi/2008/1816/contents/made

The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 were superseded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

neilmcl

MerryMacMas wrote: »

Hi,

The total cost is £7,000. I paid half.

They advise me that there is a letter iin the post to me, advising that this is all legal under 'bespoke items' even though nothing has been made yet.

How can the garage doors be "bespoke" if they haven't even had a surveyor out to measure up. If the doors in question are of a standard size then they would not be classed as bespoke or made to your specification.

It's pretty much the same thing as getting into a contract for double glazing.

This does sound like what's referred to (in the CCRs) as an "off premises" contract. Did they supply you all the required information, in a durable medium, when the contract was formed (see https://www.businesscompanion.info/en/quick-guides/off-premises-sales/consumer-contracts-off-premises-sales#Informationrequirements)?