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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a problem with Zenith Double glazing company who sent

Resolved Question:

I have a problem with Zenith Double glazing company who sent a sales man around to see me and after fours he eventually left only when I agreed to place an order in the future. I had already made it clear that I only wanted a quote and when I had got three I would place an order with one. Several days later he came back got his manager on the phone he kept pushing a sale and after a 50% reduction I agreed an order even though I had stated I only wanted a quote. I signed an agreement and the salesman said I could ring his mobile and cancel the order rather than sending a cancellation form to head office. I rang him within the seven day period and got his voice mail I left a message canceling the order and for him to ring me to confirm. He never did ring me back and I did not have a calculation form in the pack he left me. Two months later the sales manger rang me after I sent a cancellation later to head office. He states I can not cancel the order as it is outside the seven days and now two months have past the windows are in production and if I insist on canceling then I will have to pay 80% of the cost whether or not I have the windows fitted.

Edmund Black
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the original agreement have a cancellation notice on it please?
Customer:

Hello Alex

Alex Watts : Hello
Customer:

Hello Alex I have had a letter from Zenith head office today who are passing the problem back to the sales Manager, who I spike to yesterday who stated I will have to pay 80% of the cost regardless of canceling the order. As I did not return the cancellation form within seven days, even though Ididn't have the form in the first Place. Also the salesman had no right to say I could phone in a cancellation to him when a cancellation form must be sent to head office.

Customer:

So I have been well and truly misled and it will cost me £6,000 for nothing in return.

Alex Watts : So there was no cancellation form given?
Customer:

There was a pack left for me that should have had a cancellation form in it but it was not their when I came to fill it in after the phone call to the salesman.

Alex Watts : Ok. Do they accept it was not there? Was it no on the contract?
Customer:

The contract starts running from the time of signing and to cancel you must put in writing and it must reach head office with in 7 days. This means the finance through Barclay Finance starts after the seven days that it the money goto Zenith who carry on to have the order manufactured without any installation date or any need to contact the client.

Alex Watts :

Ok - well they needed to give you 7 days.

Alex Watts :

If they did not then they are in breach of the Distance Selling Regulations and/or the Doorstep Selling Regulations

Alex Watts :

This gives you 7 days to cancel

Alex Watts :

In any event they gave you a clause to allow you to cancel at any time

Alex Watts :

You accepted this and you were induced into the contract

Alex Watts :

Do not pay anything - refuse

Alex Watts :

They can try and take you to Court but are likely to lose

Alex Watts :

Indeed you can sue them to take the 20% deposit back

Alex Watts :

Further if you took out finance then under Section 75 of the Consumer Credit Act the bank (Barclays) are also liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have refused to pay anything but I expect they will use a debt collecting agency to get the money, so I just keep refusing to pay and let them take me to court and expect them to drop the case at the last minute?

Alex Watts :

Yes. I think you can.

Alex Watts :

You can then defend and bring in your finance company as joint defendant

Customer:

Ok I understand but I may need you assistance as things progress as I am concerned about the legal side of it as a lay persoin

Alex Watts :

Of course.

Customer:

it would be easy to say or do the wrong thing.

Alex Watts :

You can ask future questions, just put them For Alex W

Alex Watts :

I can certainly talk you through things

Alex Watts :

Can I clarify anything for you?

Customer:

Thankyou Alex I will do that though this system as we have been doing, I have found it most helpful.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

I think everything is clear now Alex I will not take up any more of your time , but I will talk to you again if further problems arise as this progresses.

Alex Watts :

Of course.

Alex Watts :

Please remember to leave feedback before you leave today

Customer:

Thankyou Ales I will feed back bye for now

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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