Do i have any rights

321justice4all

My 89yo fil invited a well known kitchen refurb company salesman into his home, he foolishly ended up signing an agreement for what he though was a full kitchen replacement costing over £6000.
No paper work what so ever was left him, zilch !
3 weeks ltr a surveyor turns up to measure and gives the ok.
All this time fil thought he was getting full kitchen, it was when the fitter turns up that he found out he was only getting replacement doors and draw fronts, mayhem ensued.it was then i took over negotiations with company.
Who have refused to reinburse him any money or help whats so ever, they are hiding behind imo the ambiguos " bespoke " law.
As the items did not imo become bespoke untill surveyor had been 3 weeks after the salesman. If he had recieved the paper work as he should of within a 2 days and like every other customers does and the compamy as admitted it was mistake on their part, he would of had a fighting chance of canceling the order or at least re-negotiate costs.

Any advice help much appreciated

Brie

Any issues with vulnerability with FiL?  He didn't know what he was doing?  Obviously it sounds like the salesman took advantage so one route to explore might be going to the papers for a name and shame story.

eskbanker

321justice4all said:

My 89yo fil invited a well known kitchen refurb company salesman into his home, he foolishly ended up signing an agreement for what he though was a full kitchen replacement costing over £6000.
No paper work what so ever was left him, zilch !

If he signed an agreement and he doesn't have a copy of it then getting hold of one would seem a good place to start - if they haven't yet furnished him with one then he could submit a subject access request?

TadleyBaggie

The answer the question, you have no rights. Your FiL on the other hand, maybe.

tacpot12

Does your FIL hve home insurance, and if so. does he have legal expenses cover. If he does, he can call the Legal Helpline provided by the insurer. They will talk to you if he asks them to do so. Well done for trying to help him out. 

If he doesn't have this cover, give the Citizens Advice Consumer Helpline a call on  0808 223 1133.

Okell

This sounds like an "off-premises" contract.  See definition at para 5 here and check if it is:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

If it is an off-premises contrcat then your father in law is only bound by it if he received certain information before entering into it (see para 10 of the above regulations) and he should also have received confirmation of the contrcat afterwards (see para 12).

SiliconChip

Assuming that he has already paid some or all of the cost how was that payment made (I'm slightly surprised that nobody else has asked ths yet)? If it was by card then he has additional routes to recover money (chargeback and/or S75) that won't be available if he paid by bank transfer or cheque.

born_again

SiliconChip said:

Assuming that he has already paid some or all of the cost how was that payment made (I'm slightly surprised that nobody else has asked ths yet)? If it was by card then he has additional routes to recover money (chargeback and/or S75) that won't be available if he paid by bank transfer or cheque.

No chargeback right in this case.

S75 given no paperwork, then proving breach of contract &/or misrepresentation. Is going to be very hard, if not impossible.

Okell

born_again said:

SiliconChip said:

Assuming that he has already paid some or all of the cost how was that payment made (I'm slightly surprised that nobody else has asked ths yet)? If it was by card then he has additional routes to recover money (chargeback and/or S75) that won't be available if he paid by bank transfer or cheque.

No chargeback right in this case.

S75 given no paperwork, then proving breach of contract &/or misrepresentation. Is going to be very hard, if not impossible.

But if there's no paperwork, and no evidence of pre-contract information being provided, wouldn't that itself be a breach of the CCRs, therefore unenforceable against the consumer, and therefore a valid s75 claim?

(Assuming, of course, that the OP's FiL paid by credit card.)

born_again

Possible, hence the very hard. It then become a who said what & who is believed.