HELP PLEASE for an elderly 80-year old lady

VastiG

CKhalvashi said:

If she cancels, she will likely lose the deposit, as she has in effect paid for specific work to be done at a specific time.

How would a salesperson know she has a conservatory, presumably at the rear of the property, if they weren't invited to the property to discuss this?

Are there actually problems with the conservatory?

Are there any other vulnerabilities here such as dementia? If not, why would she sign a contract for £10k-ish if she didn't have the money? I don't get why she'd pay a deposit without having an intention for the contract to go ahead without having the intention to defraud the tradesmen doing the work.

I am trying to work on the basis of how the company likely sees this, however I understand that my thinking may not be the case in reality and these are answers that are needed to be able to see if there's more that can be advised.

I get what you're saying ... I think she would be willing to lose the deposit.  He was doing door-to-door calls in the area.  They could've easily done a google map search to see which homes have conservatories in the area I guess.  The conservatory is not properly insulated, so it is cold in the winter and boiling hot in the summer.  I'm not entirely with you on the point of her defrauding the tradesmen doing the work?  She most probably had a change of heart after the salesman left but is a very frail lady and too scared to do anything.  She's even too scared to tell her son about it because she said he would be so annoyed with her.

VastiG

Diamandis said:

She should be able to cancel within 14 days if it was all conducted in her home. When did this happen? Has she asked to cancel at any point?

Unfortunately, this happened in September 2020.  No, she has not asked although a friend of hers went to the company which is just around the corner from where she lives, and the company didn't want to know anything and they're demanding she pays the difference.  Also, they say that if she doesn't want to go ahead, she still needs to pay 90% of the outstanding amount, but with nothing to show for it!!

VastiG

kazwookie said:

What does the contract say about cancelling the contract.

I strongly suggest she pays out NO more money what so ever

Does she have family who have power over health and wealth?

She only had 7 days to change her mind.  After that, if she cancels where they are not at fault, like in this case, they state that:

If we are not at fault you are still able to cancel the contract before it is completed but you may incur a compensation charge.  Your contract will end immediately and we will refund you of all monies paid for our products not received, however, costs may be deducted from the refund that we will incur because of ending your contract.  If the production of your products has commenced, such costs could be 90% of the CONTRACT price.  

I know she has a son, but she is petrified to tell him about this because she said he would be so cross with her 

comeandgo

You mentioned she has a partner?  Is this person able to give her support. If she is truly in a bed way then medical help may be of assistance.

Aylesbury_Duck

VastiG said:

CKhalvashi said:

If she cancels, she will likely lose the deposit, as she has in effect paid for specific work to be done at a specific time.

How would a salesperson know she has a conservatory, presumably at the rear of the property, if they weren't invited to the property to discuss this?

Are there actually problems with the conservatory?

Are there any other vulnerabilities here such as dementia? If not, why would she sign a contract for £10k-ish if she didn't have the money? I don't get why she'd pay a deposit without having an intention for the contract to go ahead without having the intention to defraud the tradesmen doing the work.

I am trying to work on the basis of how the company likely sees this, however I understand that my thinking may not be the case in reality and these are answers that are needed to be able to see if there's more that can be advised.

I get what you're saying ... I think she would be willing to lose the deposit.  He was doing door-to-door calls in the area.  They could've easily done a google map search to see which homes have conservatories in the area I guess.  The conservatory is not properly insulated, so it is cold in the winter and boiling hot in the summer.  I'm not entirely with you on the point of her defrauding the tradesmen doing the work?  She most probably had a change of heart after the salesman left but is a very frail lady and too scared to do anything.  She's even too scared to tell her son about it because she said he would be so annoyed with her.

That's true of all conservatories, and in fairness, if she chose a conservatory over a proper extension, that's one of the compromises you have to accept - that they're only really a useable space for eight months a year or so, unless you want to spend a lot on heating.  I have one, it's a lovely space that we enjoy from March to October on all but the hottest days, but I'm fortunate that it's a luxury space that we don't need to use all year round.

VastiG said:

Diamandis said:

She should be able to cancel within 14 days if it was all conducted in her home. When did this happen? Has she asked to cancel at any point?

Unfortunately, this happened in September 2020.  No, she has not asked although a friend of hers went to the company which is just around the corner from where she lives, and the company didn't want to know anything and they're demanding she pays the difference.  Also, they say that if she doesn't want to go ahead, she still needs to pay 90% of the outstanding amount, but with nothing to show for it!!

That would only be enforceable if they could show those were their genuine costs.  I very much doubt that much of what they're planning to fit is unique and bespoke to her conservatory (much of these plastic roof kits are just that; kits), so in reality, if the job doesn't go ahead, the company's losses will not be £9,525 which is what she will have paid them if they keep her deposit and 90% of the balance.

As I see it, her maximum loss would be the deposit and any reasonable costs the company incurs from cancellation.  She's in the driving seat on the balance because it's up to them to provide evidence of their costs if she refuses to pay their invoice and they take her to court for their 90%.

VastiG

comeandgo said:

You mentioned she has a partner?  Is this person able to give her support. If she is truly in a bed way then medical help may be of assistance.

Well, he's helping where he can, but they are just overwhelmed with this whole situation and don't know what to do to cancel it.  She's already had to go on high blood pressure medication because of this whole dilema.

VastiG

Aylesbury_Duck said:

VastiG said:

CKhalvashi said:

If she cancels, she will likely lose the deposit, as she has in effect paid for specific work to be done at a specific time.

How would a salesperson know she has a conservatory, presumably at the rear of the property, if they weren't invited to the property to discuss this?

Are there actually problems with the conservatory?

Are there any other vulnerabilities here such as dementia? If not, why would she sign a contract for £10k-ish if she didn't have the money? I don't get why she'd pay a deposit without having an intention for the contract to go ahead without having the intention to defraud the tradesmen doing the work.

I am trying to work on the basis of how the company likely sees this, however I understand that my thinking may not be the case in reality and these are answers that are needed to be able to see if there's more that can be advised.

I get what you're saying ... I think she would be willing to lose the deposit.  He was doing door-to-door calls in the area.  They could've easily done a google map search to see which homes have conservatories in the area I guess.  The conservatory is not properly insulated, so it is cold in the winter and boiling hot in the summer.  I'm not entirely with you on the point of her defrauding the tradesmen doing the work?  She most probably had a change of heart after the salesman left but is a very frail lady and too scared to do anything.  She's even too scared to tell her son about it because she said he would be so annoyed with her.

That's true of all conservatories, and in fairness, if she chose a conservatory over a proper extension, that's one of the compromises you have to accept - that they're only really a useable space for eight months a year or so, unless you want to spend a lot on heating.  I have one, it's a lovely space that we enjoy from March to October on all but the hottest days, but I'm fortunate that it's a luxury space that we don't need to use all year round.

VastiG said:

Diamandis said:

She should be able to cancel within 14 days if it was all conducted in her home. When did this happen? Has she asked to cancel at any point?

Unfortunately, this happened in September 2020.  No, she has not asked although a friend of hers went to the company which is just around the corner from where she lives, and the company didn't want to know anything and they're demanding she pays the difference.  Also, they say that if she doesn't want to go ahead, she still needs to pay 90% of the outstanding amount, but with nothing to show for it!!

That would only be enforceable if they could show those were their genuine costs.  I very much doubt that much of what they're planning to fit is unique and bespoke to her conservatory (much of these plastic roof kits are just that; kits), so in reality, if the job doesn't go ahead, the company's losses will not be £9,525 which is what she will have paid them if they keep her deposit and 90% of the balance.

As I see it, her maximum loss would be the deposit and any reasonable costs the company incurs from cancellation.  She's in the driving seat on the balance because it's up to them to provide evidence of their costs if she refuses to pay their invoice and they take her to court for their 90%.

Well I think she's prepared to lose the deposit but just doesn't want to be liable for the balance ... I will definitely keep your comments in mind if it comes to that.  Thank you so much!!

VastiG

Oh my goodness, I have just been informed by her partner that she in fact took an overdose the other evening because of the stress this is causing her.  I have told him to ensure she does not pay one more penny, but I would really like to help this dear lady!!

comeandgo

Has anyone actually contacted the company and told them she wants to cancel?

Aylesbury_Duck

VastiG said:

Oh my goodness, I have just been informed by her partner that she in fact took an overdose the other evening because of the stress this is causing her.  I have told him to ensure she does not pay one more penny, but I would really like to help this dear lady!!

Leave the medical aspect of this to one side.  She doesn't have enhanced consumer rights as a result.  She needs to tackle this rationally, step by step, knowing that she has consumer rights that will afford a degree of protection from any excessive claim.  It might not be a quick resolution, if the company want to push this (as is their right, to be honest) then it could be many months of back and forth before it gets resolved, so the lady either needs to take a calmer approach to it, or formally hand over the responsibility of it to someone else to deal with on her behalf.