The blinds were bought from Thomas Sanderson in March 2009. The salesman from the named company called to our home. We explained that we were considering changing cotton blinds as they had gone mouldy. He showed us a selection of blinds and said that the one we were considering would not go mouldy as it was treated. Because of this we chose to buy the blinds from Sanderson. We entered into a finance agreement with Hitachi Capital for the sum of £2709.
Recently we noticed that the blinds supplied and fitted by Sanderson had gone Mouldy. I called Sanderson ,explained the situation and was told that , their blinds are not guaranteed against going mouldy and suggested I was them.
I then communicated with Hitachi to be told they have no reason to take things further as there is no case.
I am sure that under the Consumer Credit Act, statements made by a salesman who gives misleading information can be challenged under the section "Antecident Negotiation" where it is up to the finance company to prove that the salesman didn't make the statement.
Am I right to assume this?
"For Jo C ."
Sorry Jo, I answered your earlier e mail before seeing you asking for it to be directed to you . Are you able to see it?
Briefly, we bough blinds from Thomas Sanderson, bought through Hitachi Finance signed in our home.
The salesman said they wouldn't go mouldy and the have. Thomas Sanderson and Hitachi have said that the products are not guaranteed against mould so there is no case.
I am sure that under the CCAct, Antecident Negotiation covers the buyer from misleading statements made by the salesman and it is the responsibility of the finance company to prove that he didn't.
Is this right?
"For Jo C."
Jo. Thanks for your reply but as the sum for the blinds was financed through Hitachi are you saying that they are "at arms length" from the warranty offered by Sanderson and are not in any way laible for the warranty.