Cancelling a service contract

elsien

Their webside says they are affiliated to the BHTA and follow their code of practice. If you look at the code of practice it mentions a complaints mediation service (although no idea how independent this is)

Just wondering if you scrutinise the terms and conditions and feel you are still being unfairly treated whether you could take it further.
What contract was taken out, as although you say it was paid a year in advance, the rental options on the website talk about there not being a fixed contract timescale. I suspect double checking what your father actually signed upfor and the full written cancellation terms would be the starting point. Don't rely on the word of someone over the phone.

family4tunes

forgotmyname wrote: »

If they cancel the contract you still wont get your money back.

Does it cover breakdowns or servicing? You say its a service plan but mention calling them out for breakdowns. What is actually covered?

Its not costing your mum anything from her current pocket, you said it has already been paid for.

So what is actually covered and have they fulfilled their end of the contract?

The yearly service fee of £325 is for the following:
!!!61692;
Priority Service Callouts during office hours, evenings, weekends and bank holidays
!!!61692; Parts and Annual service x 1

Since the renewal of just over a month ago whereby they asked for full payment in advance they have not been called out or carried out any physical service or had to replace any parts etc.

Since my dad only passed away recently and before any service or work had actually been done my mother contacted the company to request a cancellation and any refund due. She as mentioned was told even though they had not done any work, service etc they will not refund any amount, not even pro-rota. They admit the policy is only 34 days old but they say their service agreement whether performed or not is non refundable and no rebate for remainding term if cancelled is payable.

As mentioned my mother is very able and the stair-lift is no longer required and may help if sold to help her financial wellbeing, it was hoped that this company would use its decresion and refund some of the payment £325 made.

....sadly they have baically said sit and spin, and thanks for the dosh, sucker

kazzah

Elsien has give some excellent advice about contacting the mediation service - it's got to be worth a try for you

Merlin139

https://www.facebook.com/1stchoicestairlift/

I see the company is owned by a husband and wife. Have you spoken to either Colin or Carol to see if they are aware of your situation?

family4tunes

elsien wrote: »

Their webside says they are affiliated to the BHTA and follow their code of practice. If you look at the code of practice it mentions a complaints mediation service (although no idea how independent this is)

Just wondering if you scrutinise the terms and conditions and feel you are still being unfairly treated whether you could take it further.
What contract was taken out, as although you say it was paid a year in advance, the rental options on the website talk about there not being a fixed contract timescale. I suspect double checking what your father actually signed upfor and the full written cancellation terms would be the starting point. Don't rely on the word of someone over the phone.

My dad paid for the stair-lift and installation when it was first fitted just over 5 years ago. It came with a warranty and service module within that purchase price. It was only recently this 5 year warranty and service given on purchase expired. He owned the stair-lift it was not rented.

The company wrote my father saying the service would now be payable yearly at £325 and instructed him to contact them by phone to establish a new service agreement and make payment. He made payment over the phone some 30 day+ before coming ill and passing just a few days ago. As mentioned, no new service to the stair-lift has been done or a date put forward by the said company to do so, there has also not been any home visit/call-out or replaced parts whereby any work has been carried out.

Apart from the initial admin of payment and the following letter confirming receipt this apart from being on their customer list is really all that they have committed to.

I did look at the BHTA members policy and they accept that some members do not offer any refunds for cancelled agreements like other of their members do. The said company as it appears is a husband and wife venture and not part of a big company organisation which might support such a option.

I did explain that this is not just a case of changing ones mind, or finding a better or cheaper agreement elsewhere, its a case the person has deceased and not able to benefit from having the policy or its benefits. I would have thought some discretion could be shown in these circumstances.

My mother is not looking for the full payment refunded, just perhaps a portion after admin and say pro-rota charges and fees have been taken out. The stair-lift is not needed and will be removed and maybe sold. My mother is not asking for the world just a little understanding and help with her financial wellbeing which will be very difficult now my dad has passed away. Obviously I will help and support her but she deserves her independence where possible.

I apologise for the length of my reply.

family4tunes

Merlin139 wrote: »

https://www.facebook.com/1stchoicestairlift/

I see the company is owned by a husband and wife. Have you spoken to either Colin or Carol to see if they are aware of your situation?

Thanks for your info, I wasn't aware that they had a Facebook account. I will get my daughter who has account to check this out.

I was aware that it was a husband and wife venture but only recently. My first contact with them did have them briefed by their staff, and they were referenced during my next contact with them. It would appear that they are well informed of the information and reasons for contact. Their telephone staff and online live chat have contacted them for guidance during my contact with them, with the result still being the same.

I have not found a way to directly talk or communicate with the owners yet but I will still try.

Fosterdog

The problem you will have is that while to you it is a unique and extreme set of circumstances for them running a business it is far from it. Stair lifts are predominantly used by the elderly and infirm so there is always a risk that the person using them will either pass away or become too ill to even be able to use them. If they refunded every service agreement for circumstances such as yours they wouldn't survive long in the business world. As it stands your father paid for the service and they are still offering that service so they are not really going anything wrong.

family4tunes

Fosterdog wrote: »

The problem you will have is that while to you it is a unique and extreme set of circumstances for them running a business it is far from it. Stair lifts are predominantly used by the elderly and infirm so there is always a risk that the person using them will either pass away or become too ill to even be able to use them. If they refunded every service agreement for circumstances such as yours they wouldn't survive long in the business world. As it stands your father paid for the service and they are still offering that service so they are not really going anything wrong.

I appreciate your comment which seems indirectly to suggest companies like this use their targeted customer base to benefit themselves financially when unfortunate circumstances arise.

My mother understands there would be some administration costs cancelling the agreement, and also a projected costs the agreement was actually active and valid for (34 days. During this short period of the agreement being in place there was no call-outs, or actual yearly service to the stair-lift carried out. So there was no actual loss of working time or inconvenience to the company other than receiving and confirming my father’s payment.

Obviously my mother and I expect some fees payable as aforementioned, but is it fair that the company which is now informed the service agreement is no longer required, that they insist that all the remaining term of 10 months is completely forfeited even though their obligations are now relinquished. There is no loss I see from charging a cost up to the cancellation date, or by charging an admin fee necessary to close my father’s account, but charging for the remaining 10 months knowing in advance their services will never be needed seems lacking in discretion, and empathy.

It seems they wish to profit freely on those with misfortune. Surely a reduced pro-rota payment, after taking into account any valid term and administration costs would be not only more considerate to the bereaved families but also good customer service and advertising. Standing back and saying we still offer the service to a deceased person even though they will never benefit just to justify keeping the remaining 10 months contributions is appalling.

It seems as you highlight that companies like 1st Choice Stairlifts who demand full payment in advance rather than monthly direct debit (or other payment method) do so in the hope they can profit at some stage when their client/s become deceased or incapacitated during any part of their service agreement. This is not good business practice as you suggest but despicable.

They advertise they act with genuine care, openness, and respect. At present I would have to disagree. The telephonists, show no empathy or understanding and just quote policy. Contact with the owners (husband & wife) is unavailable so progressing through its system to someone who might digest my mother’s position and circumstances with more care and consideration seems at present impossible.

pmduk

OP, I wonder whether your grief is clouding your judgement on this? You've asked about your consumer rights in this situation and, legally, you have none.

Goodwill is a totally different matter, no company is obliged to give this. Shaming a company, as you appear to be attempting, will only increase prices for everybody else as the company will have to adjust prices to allow for refunds for customers who die during their contract.

family4tunes

pmduk wrote: »

OP, I wonder whether your grief is clouding your judgement on this? You've asked about your consumer rights in this situation and, legally, you have none.

Goodwill is a totally different matter, no company is obliged to give this. Shaming a company, as you appear to be attempting, will only increase prices for everybody else as the company will have to adjust prices to allow for refunds for customers who die during their contract.

My father’s renewal documents show no declaimer of theirs stating a no refund policy of any service agreement if later cancelled. Only details of an urgency to renew and a telephone payment service he can use to expedite payment.

His renewal prompt did not contain any user agreement for him to sign and return which they now insist would be their practice to supply. They won’t provide a copy of this document which they said he would have signed and returned to confirm his acknowledgement. This no refund policy only became apparent when informing them of my father’s death during a telephone call, which ended with a thank you and goodbye from a very uninterested telephonist.

The receipt for my father’s payment has no reference to their no refund cancellation policy, nor can you find anything on their web-site whereby you can see these policy details. They don’t have a specialised complaints department or any contact via their web-site for this purpose, only an email address of a multi-purposed sales assistant.

They have been contacted using several different medias including Facebook and I have no response to any of the emails or messages left. I even wrote direct to the owners who at present have not replied.

I do not need to shame this company, they do this for themselves.