Cancelling by Email - Fischer Future Heat

jamstac

I am trying to help my parents cancel their very expensive, mis sold and unnecessary £15,000 heating system that they purchased from Fischer Future Heat.


Full details can be found on this thread from post number 649
https://forums.moneysavingexpert.com/discussion/3516223/fischer-storage-heaters&highlight=fisher&page=33


They had the product installed on the 22nd January and their cancellation [policy stated that you had 14 days from the day after product installed/supplied.



I calculated the last day to be the 5th February so realizing we were still in cancellation period we sent an email on the 5th February at 13:10pm advising that we wished to cancel.



They sent a reply on the 6th to say that we were outside of the cancellation period.



We sent another email later that day to ask what date our cancellation period,ended, and they responded today, were they said the 5th February. Which is the day we sent the cancellation email. However they seem to be implying because they didnt open email until the 6th that we are therefore out of cancellation period.



Can anyone advise me of how cancellations by email work - the date sent or the date received?

hollydays

How did you pay?

(I've read about this company and the consensus is the customer service is not good.
Threads about them seem to also populated by several newbies who post and never return while singing their praises.)

jamstac

They paid by cheque

macman

For £15K, would it not have been wise to phone them before the deadline, and follow it up with a letter, with proof of posting? What do the T&C's say about how cancellation must be done?
Given that cancellation would incur them substantial install/uninstall costs, they're obviously going to attempt to time out your claim by whatever means possible.
NB: there is no contractual information whatsoever given on their website.

jamstac

Thanks macman. I didnt know about my parents getting this system until 12 days after they had got it. By the time i discussed with my parents that they had been mis sold and conned into this system it was only then did i realise that we were on the 14th day. Fischer own cancellation policy stated that cancellation had to be in writing either by email or post so we had no option but to send by email.

jamstac

It will also cost £350 per heater to be collected by them plus any other deductions for wear, tear, depreciation, use etc

hollydays

The email that said you were out of the cancellation period, did it have an actual name on it?

jamstac

hollydays wrote: »

The email that said you were out of the cancellation period, did it have an actual name on it?

No, both emails we have received are both simple signed off "kind regards"

waamo

You would be wise to get a professional opinion on this. £15k is above the threshold for a small claim. You are now in the territory that if this goes to court the loser may well have to stump up all the costs.

If you took it to court and lost the final bill could be eye watering.

I seriously suggest seeing a solicitor about this.

davidmcn

What exactly does the contract say about cancellation and (if anything, and possibly a separate clause) about the service of notices?

hollydays

jamstac wrote: »

No, both emails we have received are both simple signed off "kind regards"

I thought that might be the case.
It's so they can later claim it was a simple error.
As stated, get paid for legal advice.