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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I have signed an agreement with zenith windows to have doors

Resolved Question:

I have signed an agreement with zenith windows to have doors and a window fitted in my property. In order to pay for the windows, Zenith have a finance scheme run by Barclays, which I have also entered. I am able to withdraw from the finance agreement within 14 days, but my purchase agreement with Zenith only allows a withdrawal within 7 days.
Due to personal circumstances, I now do not wish to have the windows installed in my house and have phoned Zenith to let them know. I am within the 14 day cooling off period for the finance loan, but it has been 10 days since I signed the contract with Zenith (just outside their 7 day stipulation). Another part of my contract says that Zenith will not require a payment until after the windows have been successfully installed.
Can you tell me if I am liable for any payment and if so what.
Thank you.
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Presumably you are now outside the 7 day period.

Have you paid any deposit?

How much?

What is total value of windows?

Have you received all the paperwork or are you waiting on any?
Customer: replied 2 years ago.

I am only on day 10 ( 3 days outside 7 day period. I have informed them verbally. I have paid £100 deposit. Total value of windows is £6350.

I have all the relevant paperwork.

Thank you for your consideration

Expert:  Jo C. replied 2 years ago.

If you have all the relevant paperwork then you are outside the time to cancel under the Distance Selling Regulations which give you seven days to cancel from when you received the paperwork.

If you cancel the finance you still have a contract which is perfectly valid to buy the windows.

They cannot force you to have them installed and if you do cancel them you will be in breach of contract. However you will not be liable for the full £6000 purchase cost because you haven’t had the windows and you have not had them installed.

You would be liable for any loss that they suffer which is their loss of profit and any work that they have done on already manufacturing them. It seems most unlikely that they have already started manufacturing and if they have it could be quite substantial claim. Soon it you intimate a cancellation therefore the better in order to prevent further losses.

What you might want to consider is telling them to keep the hundred pounds deposit provided they agree to you to cancel.

If they don’t agree with that and you cancel the finance and do not proceed, they’re going to have to take you to the Small Claims Court and prove exactly how much they have lost. It would not be £6000 or more.

Can I clarify anything for you?

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