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.
So I have been well and truly misled and it will cost me £6,000 for nothing in return.
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.
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.
Ok - well they needed to give you 7 days.
If they did not then they are in breach of the Distance Selling Regulations and/or the Doorstep Selling Regulations
This gives you 7 days to cancel
In any event they gave you a clause to allow you to cancel at any time
You accepted this and you were induced into the contract
Do not pay anything - refuse
They can try and take you to Court but are likely to lose
Indeed you can sue them to take the 20% deposit back
Further if you took out finance then under Section 75 of the Consumer Credit Act the bank (Barclays) are also liable
Can I clarify anything for you about this today please?
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?
Yes. I think you can.
You can then defend and bring in your finance company as joint defendant
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
it would be easy to say or do the wrong thing.
You can ask future questions, just put them For Alex W
I can certainly talk you through things
Can I clarify anything for you?
Thankyou Alex I will do that though this system as we have been doing, I have found it most helpful.
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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.
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Thankyou Ales I will feed back bye for now