Double Glazing Cancellation rights

Richbdean87

My wife and I placed an order for double glazing at the start of February and paid a substantial deposit. The salesman came round to our house to quote and asked us to transfer the deposit straight away. We had to chase up with the company to confirm they had received the deposit as no contact was made. We have not received any contract or told about our cancellation rights.  Due to unforeseen circumstances we had to cancel within 14 days (day 8). We confirmed the cancellation on the phone and by email stating dates and details of the distance selling and consumer contracts regulations 2013. They are now holding our deposit and apparently taking legal advice. Is this something they can do? 
We have also read that not being told our cancellation rights at time of purchase means we should be entitled to get 100% of our deposit back. Is this something you have heard of? 

Any advice would greatly appreciated. 
Thank you!

unholyangel

Technically by the letter of the law, they're not supposed to even start providing the service within the cancellation period unless they had your express consent in a durable medium (assuming you entered into the contract at your home when the rep was there). 

The normal cancellation period (if they gave you all the necessary info in durable medium) is 14 days starting day after you entered the contract. If they didn't give you the info then the cancellation period can be extended to a maximum of 1 year and 14 days. 

Richbdean87

Thank you!
We verbally agreed to the work at our home address but never received any paperwork, contracts, quotes, emails etc since. If this were to end up in court, where do you think we would stand?

unholyangel

Richbdean87 said:

Thank you!
We verbally agreed to the work at our home address but never received any paperwork, contracts, quotes, emails etc since. If this were to end up in court, where do you think we would stand?

If everything is as you've said then you cancel and they can't charge you a penny. 

But the cynic in me says don't expect the DG company to agree. The industry unfortunately has a reputation for unfair trading. 

Richbdean87

Good evening,
I've now had a response form the DG company and they are saying they have spoken to their lawyers. Apparently they are able to charge us for the materials they have ordered. I personally feel they are trying it on and I am consider going to a small claims court. What are you thoughts? Really appreciate your help.

williamgriffin

They'll be material they can use for any order. They're trying it on.

Manxman_in_exile

Richbdean87 said:

Good evening,
I've now had a response form the DG company and they are saying they have spoken to their lawyers. Apparently they are able to charge us for the materials they have ordered. I personally feel they are trying it on and I am consider going to a small claims court. What are you thoughts? Really appreciate your help.

I see unholyangel has not been back - but I suspect she would say that as you can cancel within 14 days, it was somewhat foolish of them to order any materials before the cancelation period had expired - wasn't it? 

I would point out to them their mistake.  Say it's nothing to do with you if they went ahead before the cancelation period had expired.  (You hadn't asked them to start early, had you?)

Richbdean87

Thank you for getting back to me. 
They are now saying that as the windows are made to measure they do not need to refund us. At no point have I been made aware of this until I called/emailed to cancel. I've spoken to trading standards and they have confirmed this and asked for them to send their t&cs. 

Soot2006

Richbdean87 said:

Thank you for getting back to me. 
They are now saying that as the windows are made to measure they do not need to refund us. At no point have I been made aware of this until I called/emailed to cancel. I've spoken to trading standards and they have confirmed this and asked for them to send their t&cs. 

Did you sign off on the window measurements/design as part of the sales visit? As in, could they even have started the bespoke work?

I only ask as we recently had a sales visit. They also put on a bit of a hard sell attitude although I said I would wait until I had received the quote by email. They kept pushing until I firmly showed them the door ...  The quote turned out to be the better one anyway, so I went with the company and AFTER I paid the deposit, they sent around an engineer to do the proper measure-up  and looking as access angles, etc ... At that point I got to sign a piece of paper with the window specifications and designs.

From what I'm learning about window supply, it takes AGES at the moment to get the materials let alone start the bespoke work, so the odds of this company having an actual loss by day 8 is very very low.

sheramber

 https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged

If you have a verbal contract 

You may have a contract even if there’s nothing in writing, for example if you’ve accepted a quote, paid the fee or a deposit or verbally told them to go ahead with the service

pinkshoes

Richbdean87 said:

Thank you for getting back to me. 
They are now saying that as the windows are made to measure they do not need to refund us. At no point have I been made aware of this until I called/emailed to cancel. I've spoken to trading standards and they have confirmed this and asked for them to send their t&cs. 

I would remind them that before a contract is formed, they need to provide you with a contract including cancellation rights in a durable form e.g. paper, and ask them to provide you with a copy of this document that you signed showing you agreed to waver your 14 day cooling off period.

Then tell them that as no such document exists, and as you are still within the 14 days cooling off period, you are cancelling under the off premises distance selling laws. State that you appreciate that they may have ordered materials, but as you are still within the 14 day cooling off period and no waver was signed or agreed to, then it was their gamble to go ahead and order, and you hope they will find somewhere else to use them.

Tell them you look forward to receiving your full refund of £X deposit paid within 14 days.