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Jo C.
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Does Antecident Negotiation still protect consumers from misleading

Customer Question

Does Antecident Negotiation still protect consumers from misleading statements made by salespeople who sell products and offer finance in your own home?
We bought conservatory blinds and the salesman told us they wouldn't go moldy and they have . Do I have recourse under the above ?

Thanks you
Michael Griffiths
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

When did you purchase the blinds please?
Customer: replied 3 years ago.

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?


Thank you

Customer: replied 3 years ago.

"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?

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

On your specific point, no in short. The doctrine has no relevance here. There is an argument that these comments amount to misrepresentation.

The finance company are not liable for this though on any reading. They are dissimilar to the sellers. They just provided the finance. Unless they guaranteed the product they are not the liable party. The actual salesmen was not their employee. The only claim lies against the fitting company. For that reason the CCA has no application.

It is always very difficult to prove what was said at the time of said if it was not reduced to signed writing. That would come down to evidence and credibility and which account is preferred by the Court as probably the company will deny it.

Also though there is a potential claim under the SGA that his has not lasted a reasonable time. It obviously was some four and a half years ago but its an expensive product that you might reasonably expect to last longer than that.

The advantage here is that even if the full sum of the contract is still a small claims court amount so suing would be cheap and easy to claim. The worst that would happen is that you would lose and be liable for a very small sum in costs.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

"
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.

Expert:  Jo C. replied 3 years ago.
Yes, thats right. This is nothing to do with the finance company. The claim is against the seller.

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