What consumer rights do I have ??

losgiganteskid

A double glazing salesman was invited into my home to give me a quote for a new window. He measured and without giving me an estimate ask for my debit card to take a “small deposit”, after more talking and form filling  he was being very persistent and when I asked him how much he had taken from my card he said £950 with the balance of £950 when the window had been completed and fitted.  No way was I ever going to pay nearly £2000 for a smallish replacement window.  I told him I want to cancel the order and he left without giving me my deposit back, that was 5 months ago and he hasn’t refunded me. Saying my deposit was lost.  I believe that if a salesman comes into my home I would have some protection in law. Can someone with some consumer knowledge please give me some advice thank you in advance

Ergates

When the salesperson comes into your come, this is an off-premises contract.  This means that normally you'd have 14 days to cancel the contract.  There's a load of information the trader is required to provide you, on paper, before entering into the contract (see below*), and if they don't provide you with that you get an additional year. 

I strongly suspect they didn't provide you with any of that information - but given you asked to cancel whilst the guy was still in your house, that doesn't really make any difference from a cancellation period perspective as you were very obviously within it.

Everything about the way this guy acted sounds extremely sketchy.   Not telling you the price of the contract before asking for a deposit.  Pressuring you to giving a deposit when you were uncertain.  Not telling you how much he was going to take for a deposit.  Refusing to cancel the contract.  

The first thing I'd check is the account that the debit card transaction was made to.  Was it actually a double glazing company?

What does he mean by the deposit was "lost" ?  He's misplaced it?  

Have you spoken to anyone else at the company involved, or just the salesman?

* https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

GDB2222

Surely, you have done a charge back at the bank?

born_again

GDB2222 said:

Surely, you have done a charge back at the bank?

On what basis?

EssexHebridean

For the future, I'd strongly suggest that before handing over a card to anyone to take a payment, you always ask what the amount payable is going to be - frankly I can't think of any scenario in which that would be an afterthought, for me? 

You say the chap was "invited into your home" - how did that process work, did you find a company online, check them out, decide they looked OK and then approach them for a visit to review and quote? Or was this someone who knocked at the door and you took them at face value? 

TELLIT01

Handing over a debit/credit card without knowing either how much the deposit or full cost is seems to be a very bad idea to me.  If no further contact has been made by the company I would be approaching my bank to see if they are able to do anything.

GDB2222

born_again said:

GDB2222 said:

Surely, you have done a charge back at the bank?

On what basis?

Fraudulent transaction?

Ergates

GDB2222 said:

born_again said:

GDB2222 said:

Surely, you have done a charge back at the bank?

On what basis?

Fraudulent transaction?

You'd need to confirm is was actually fraudulent (rather than just a very badly conducted business) before doing that.  The OP was present at the time of the transaction, which won't help in that regard.

Ergates

TELLIT01 said:

Handing over a debit/credit card without knowing either how much the deposit or full cost is seems to be a very bad idea to me.  If no further contact has been made by the company I would be approaching my bank to see if they are able to do anything.

I think the OP knows it was a bad idea - but people like this salesman are experts in manipulating and pressuring people into doing things they wouldn't otherwise do.

born_again

GDB2222 said:

born_again said:

GDB2222 said:

Surely, you have done a charge back at the bank?

On what basis?

Fraudulent transaction?

Sadly not, given OP was there in person. We have no idea how it was made Contactless or PIN, No chance, especially as OP will still have their card in their possession.

While yes, it sounds like OP gave them their card, that does not make it fraud.

losgiganteskid

I’m afraid it is too late for me to apply to my bank as this visit was made in February this year, I thought if a deal was carried out in someone’s home there should be days of grace for me to cancel. The salesman knew only too well when he left my home I did not want to proceed.  If I take the salesman’s company to the small claims court, which I intend todo what are my chances of success. I confess I haven’t dealt with this in the correct way, but at nearly 90 I’m not so quick and clever sd I used to be and I was confused