Can I Cancel New Garage Doors-Signed Contract

MerryMacMas

I read the link...thank you.

Under 'No Right To Cancel', it mentions that this can include things like made to measure curtains, glazing etc. It would also include my garage door, as I supposed its made to measure to some degree. (Two single doors replaced with one large one) and someone visits with a tape measure.

As the well known company is sticking to its contract, I am looking for a loophole within it...perhaps if their surveyor fails to contact me within 21 days, as their contracts states, or delivery will be longer than advised, or hope the surveyor decides the job either isnt priced correctly or cannot be completed as specified (these last two are mentioned within the contract).

The Agent who visited me did mention about No Right To Cancel, but I genuinally believed there was still a cooling off period and this would only start once the surveyor had confirmed the work and work had started. How foolish am I?

I have phoned the company a few times to plead my case but the are ADAMANT and quite direct that there is no get out as I signed it. They haven't even offered me a chance for opting out with cancellation fee. I would NOT use this company again and will definitely NOT sign ANY contract without reading and understanding all the parts.:rotfl:

steampowered

This exact point is addressed in the detailed guidance published by the government. See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf.

It says as follows:

I provide and install garage doors. Can my customer cancel once they've ordered and can I recoup any costs if they do?

12. If you agree the contract by phone or online or at the customer's home, then they will have a right to cancel unless the door has been specifically made to a non-standard specification.

So, has your door been specifically made to a non-standard specification?

If not, send the company that guidance and clearly state in writing (e.g. in an email) that you are exercising your right to cancel the contract and require a full refund.

Don't do it over the phone. You are speaking to sales people. They will tell you anything over the phone to keep the sale. Do it in writing.

MerryMacMas

Thank you for the quote. I am really confused?

I spoke with Trading Standards and Citizen Advice. I told them about the problem and the fact that I signed the contract and the fact that it says it refers to bespoke products and that a surveyor has not yet visited, so nothing has been made. They both say, the company have the right to do this (although I think it disgusting there is no cooling off period). I thought ALL companies in the UK had a cooling off period and this was designed to help protect customers from sales people who were perhaps too pushy.

The contract and their website mentions that these are made to measure and fit your needs and are not 'off the shelf' (i suppose, in other words 'bespoke').

I may seek some legal advice for clarification, as I can't believe how unhelpful the company are being. I also asked if the could provide finance, but they dont do it.

hollydays

Have you checked out the reviews for the company.
I seem to remember a disreputable called essati
https://forums.moneysavingexpert.com/discussion/5175076

steampowered

It sounds like there is a question mark over whether we are genuinely talking about 'bespoke goods' here.

The statutory definition of bespoke goods is really quite restrictive. guidance is clear that the doors need to be made to a 'non-standard specification'. It looks like the fact that the doors are made to measure is not enough for them to be treated as 'bespoke goods' for the purposes of consumer rights legislation.

State that you are exercising your right to cancel IN WRITING. I.e. in a letter or in a formal email, and demand a full refund.

Then see how the company reacts. You can issue a small claim if necessary, perhaps with a 50/50 chance of success.

Don't do it over the phone. If you continue phoning them at this rate you would lose any right you have to cancel anyway due to the time period expiring.

Ignore what you've been told by Trading Standards and Citizens Advice. They are able to give basic consumer advice only. Your particular case turns on a technical legal interpretation of what 'bespoke goods' are, and they won't have looked at the legislation or at the specific guidance before advising you.

MerryMacMas

...thank you for your advice:-

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On the back of the contract it reads:-
RIGHT TO CANCEL - READ CAREFULLY TO FIND OUT ABOUT YOUR CANCELLATION RIGHTS. in relation to bespoke goods i.e.goods made to your individual requirements and dimension, there is no cooling off period and you do not have any rights to cancel.

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You may well be right and I could challenge this to see if these are considered bespoke, but the fact that THEY consider them to be and this is why its on their contract a plus for them? If I do challenge it with them and they still argue they are bespoke, I guess my options are either to complete on the contract, walk away and lose £3,500 or take legal action

steampowered

They do not get to decide what the words 'bespoke goods' mean. The law decides.

The legislation says you have no cancellation right for 'the supply of goods that are made to the consumer's specifications or are clearly personalised'. See http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

The government's guidance clearly says that, in the case of garage door companies, there is a right to cancel unless 'the door has been specifically made to a non-standard specification'.

If you pushed this legally, there is a very high chance they would just refund you rather than having to face down a judge.

If they did defend a legal claim, I reckon you would have a 50/50 chance in court.

To be clearer I think more details would be required as how exactly the garage doors are made. i.e. are they truly 'bespoke' or is it simply a matter of the manufacturer assembling or playing around with pre-manufactured parts. I suspect it is the latter.

MerryMacMas

A quick update as to the situation.

After writing to the company several times, that have agreed to cancel the contract, but expect me to pay a £700 admin charge.

I am in dispute about this, as their surveyor hasn't visited to re-measure, prior to making/cutting and installing the garage door. I don't know how they can justify such an amount. I am amazed that companies can expect t get away with this sort of treatment and no-one seems bothered to get these 'No Right To Cancel' / 'No cooling Off Period) looked into, or name and shame companies that have this.

It looks like, the next step will be the small claims court.

Deastons

MerryMacMas wrote: »

A quick update as to the situation.

After writing to the company several times, that have agreed to cancel the contract, but expect me to pay a £700 admin charge.

Bear in mind that £700, albeit a lot, is only 10% of the total contract price.

Considering you had no legal comeback and they didn't have to agree to cancel, I think you got a good result. And can now get your boiler.

MerryMacMas wrote: »

I am amazed that companies can expect t get away with this sort of treatment and no-one seems bothered to get these 'No Right To Cancel' / 'No cooling Off Period) looked into, or name and shame companies that have this.

I am amazed someone would sign a contract worth £7,000 without first reading it and checking they're happy.

macman

And I was amazed that someone would spend £7K on a garage door when they have no income at present...
What it it made of-platinum?
OP: what make is your boiler, what is wrong with it, and who told you it needed replacement? If it was BG, then the odds are that spares are available
As to the contract, I'd agree that it's dependent on the definition of bespoke. However, are you prepared to pursue them through the courts to find out? They will otherwise happily walk away with the £3.5K which they already have.