Double glazing company wants to keep my deposit?

shesu

Already posted on the DIY thread, I can see a similar thread but any advice appreciated please of where I stand.

Good evening,

I am looking for some advice please. (please go to the end for shortened version) 

A double glazing company come out to my house. The sales rep was here just over 3hrs despite me trying to speed things up to get her to give me a quote.

The quote ended up being extremely high. She calls her boss and does the really old tactic of getting savings etc. I paid a deposit in the end.

Less than 14 days later I ask to cancel because I did feel pressured after 3 extremely long hours and a full day at work and I'm being told they will knock a further 1000 off the price or keep my deposit if I don't wish to continue.

I was not made aware I only had 7 days to cancel and the terms and conditions it's at the bottom of the left page.

They said on the phone that they would keep it for expenses incurred. However if my house was larger and I ordered more windows they would of kept that too? No surveyor has been. I would happily pay an admin fee but keeping a 10% deposit is ridiculous. Meaning if you were having one window done they could keep under 100 or a large house thousands.

I would have considered the lowered price but the company hasn't been great and even mentioned they take negative online reviews to court. Quite threatening in my opinion.

Most places give 14 days cool off period for distance selling, does this apply to me or not because they are & 'bespoke' but not made or even measured yet. 

Any advice greatly appreciated, I really understand how foolish I have been. 

To sum up : Double glazing sales rep come out, after 3hrs took deposit. I cancel before 14 days but policy says 7. Company wants to keep deposit, surveyor has not been. Where do I stand? 

mattyprice4004

What does the contract you agreed to say about cancelling?
Any charges etc should be detailed there 

bris

14 days is minimum and as they have not even been to survey they haven't started the service so you are entitled to your deposit back.

You will probably need to send them an LBA to get the process started though.

shesu

Unfortunately it is 7 days for bespoke made products which is the case for most double glazing. You are not protected under the same legislation. I managed to get a refund though!

biscan25

I imagine from your post the 0/7days cooling off window for bespoke windows was not clearly explained to you at point of sale. In which case you have pretty much an indefinite window to cancel the contract. Note that its not sufficient for these terms to be buried with the T+Cs. A salesperson worth their salt will walk you through all the important terms.
My parents faced a similar problem with a large "my the front, get the back free" company. I subsequently got a quote for less than half and got a refund in the end, but only after persistent badgering as shesu mentions.

sekrapa

I would have classed your initial payment as a deposit, then next payment as an interim payment then the final payment. A deposit is classed as a sum payable as a first instalment on the purchase of something or as a pledge for a contract, the balance being payable later.  See if the receipt for your first payment states deposit. Also what does it state on your order. Does it say 2nd payment? I assumed you only make 1 deposit, the rest are instalments. 

sheramber

Did you miss  " I managed to get a refund though!"

biscan25

Sorry didm't occur to me that it was OP! Sorry long week