Faulty Carpet Fitting

Okell

@Knowles0309 -  assuming this carpet fitting is covered by the Consumer Rights Act 2015 (legislation.gov.uk) - and I think it must be, I would argue that you are entitled to a full refund from Pay Weekly Carpets and that they should also be refunding you any fitting costs you have incurred with the fitters.

As I read the legislation, "hire contracts" are covered by the legislation - see here in secions 6 and 7 Consumer Rights Act 2015 (legislation.gov.uk)

Since March you seem to have had four failed attempts to get the carpet fitted.  That's not acceptable.

See what others here think.

I'm not sure if you can just claim a refund from Pay Weekly or whether the finance agreement makes it more complicated.  Again, see what others say.

prettyandfluffy

70% APR?!!!

Okell

prettyandfluffy said:

70% APR?!!!

I suspect 70% is not unusually high for this sort of predatory arrangement targeting relatively poor or vulnerable people

the_lunatic_is_in_my_head

Okell said:

So if this is either a hire agreement or a hire-purchase agreement, it is still protected under the Consumer Rights Act 2015 (legislation.gov.uk), and the OP is not being told the truth when the manager tells him he can't get a refund because it's a rental contract?

Is that correct?

The company seems to be offering hire only but either way both are covered under the CRA 

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-goods-contracts-are-covered/enacted

Contracts covered by this Chapter (Chapter 2: Goods)

(1)This Chapter applies to a contract for a trader to supply goods to a consumer.

(2)It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—

(a)a sales contract;

(b)a contract for the hire of goods;

(c)a hire-purchase agreement;

(d)a contract for transfer of goods.

and under Right to Reject

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.

Basically a refund is due of pre-payments made that cover the period after the contract is ended because the goods were rejected. For any period where the consumer had non conforming goods that they were unable to use they may have a claim for damages. 

In this instance it appears OP hasn't actually taken delivery of the goods. You would expect the hire period to begin upon delivery and as far as I'm aware OP can treat the contract to an end after giving another timeframe for delivery which then fails and be entitled to a full refund. 

I think they impose a minimum hire period,, it says you pay weekly so I'm missing what the credit is actually for? Unless they charge the full hire fee up front and then then give credit to cover that.

Okell

the_lunatic_is_in_my_head said:

... I think they impose a minimum hire period,, it says you pay weekly so I'm missing what the credit is actually for? Unless they charge the full hire fee up front and then then give credit to cover that.

I'm confused by this because the OP seems to be saying that they've paid 2 out of 3 instalments(?).  Not sure where the weekly payment bit actually comes into it.  (I assume they're hiring it for more than three weeks...)

Are you suggesting the OP needs to cancel the contract and require a full refund?  (I note that on several of their many 1 star reviews on trustpilot the company seems to be claiming that they have refunded disgruntled customers.  They give a 'phone number to escalate refund complaints)

the_lunatic_is_in_my_head

Okell said:

the_lunatic_is_in_my_head said:

... I think they impose a minimum hire period,, it says you pay weekly so I'm missing what the credit is actually for? Unless they charge the full hire fee up front and then then give credit to cover that.

I'm confused by this because the OP seems to be saying that they've paid 2 out of 3 instalments(?).  Not sure where the weekly payment bit actually comes into it.  (I assume they're hiring it for more than three weeks...)

Are you suggesting the OP needs to cancel the contract and require a full refund?  (I note that on several of their many 1 star reviews on trustpilot the company seems to be claiming that they have refunded disgruntled customers.  They give a 'phone number to escalate refund complaints)

They offer pay weekly "in house" or credit according to their FAQ, you can't order without them coming out to measure so not possible to do a test run to see how it works. I bet it's crazy expensive either way and you'd be better off borrowing some place else and buying online then getting your own fitter. 

Terms on the site don't appear to mention when the hire period begins but given they deliver I can't see how the hire period can begin before delivery and either way I think delivery of goods would trump any terms. 

More treat the contract at an end rather than cancel. I'm not sure if the cancellation regs apply to hire goods, that said the goods are possibly made to the consumer's specifications any way.

screech_78

Holy moly. That APR is eye watering. Clearly preying on the vulnerable. 

OP, please push for a refund. Save up and buy from a reputable place. 

Okell

Sorry - when I mentioned cancelling I wasn't particularly referring to the cancellation regs.  I meant in the general sense of terminating the contract.

I think their T&Cs refer to "cancelling" the contract.

born_again

Knowles0309 said:

Sorry Born_again - Yes it should have been 5msq, and I've emailed Snap Finance.  What is S75?.

Section 75 
https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

Not just credit cards, but also other forms of finance.

the_lunatic_is_in_my_head

Okell said:

Sorry - when I mentioned cancelling I wasn't particularly referring to the cancellation regs.  I meant in the general sense of terminating the contract.

I think their T&Cs refer to "cancelling" the contract.

Thought so, just checking