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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Thomas Sanderson's pushy rep took deposit on day (20 Oct) and

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Thomas Sanderson's pushy rep took deposit on day (20 Oct) and failed to explain cool off period. I had to ask. She failed to leave copy of contract visible or tell us we had to cancel in writing in 7 days. I cancelled verbally with their surveyer in 7 days (27 Oct)and wrote TBC on signed form after his measure up which he said as he was in our home he might as well do anyway. Company now insist we should have cancelled in writing and have a contract! I have been given elusive answers to direct questions throughout from all 4 of their officers I have dealt with now. The deposit paid was £326, a 20% round up on £1627 for 6 small blinds. I then discoverd i could get them made to measure for a sum of £420,only £100 more for the lot than the deposit already paid! No wonder they were in such a rush to pressure sell! I believe they have missold us a contract. Our "contract" was hidden in a brochure which itself was left in our house but also hidden in the reps customer address book! Data protection issue or total fiction stunt to hide small print on back of deposit form? We were never shown the back of this form or made aware of its existance. There are lots of complaints about this companies' practices on Martin's Money Tips. I thought I was street wise but was taken in, hope it is not too late for deposit back and compensation for the stress. They have hung up on me twice now after I made a formal Subject Access Request today. The rep and their company legal expert who I went to direct and requested a call back from! Please advise. Thank You

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you signed this in your home, the order?

Customer:

Yes the form was for the deposit told we had to do it to get the "discount" signed in the home. Belinda signed a grey box which we now see the rep had filled 4 tick boxes in first black on grey! The form says contract also in small black letters in a grey background, off the top margin, almost invisible and not explained.

Alex Watts :

Have they started any work, or did you ask them to?

Customer:

Nothing started no, not asked them to as I put a stop on it verbally within 7 days.

Alex Watts :

Ok - in that case you have a right to cancel within 14 days.

Alex Watts :

The order form should state this - if it does not then it means the 14 days does NOT start until you are given cancellation documents

Alex Watts :

You are therefore entitled to 100% refund by law.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

Hi, Yes, the form had the cancellation details on it but we were never shown it despite it being left in our house! It was in a sales brochure which itself was in a client diary left by the rep! Accident?

Customer:

Woops wasn't finished typing, Called the rep to say we hadn't had an email about cancellation as she had said and she hung up on me too! Charming, 2 out of 3 now.The company have now offered a full refund as I immediately requested a Subject Access request as well as cancellation as soon as I knew how we had to do the latter. Should I follow through with the S.A.Request as they should pay my costs here and compensate us for the stress of their failure to follow distance selling rules should they not? I am sure being hit back will help others in future, I have now read pages of complaints from victims of their practices on moneysavingexpert.com and would like to be a good citizen and help others too.

Alex Watts :

Get the refund first and you can then follow up with the SAR.

Alex Watts :

Make sure you get payment then go onto moneysavingexpert etc

Alex Watts :

Glad you are offered a refund

Alex Watts :

Does that help?

Customer:

Well yes , I had that yesterday though from my own initiative. Would appreciate your view on what to do next as requested above today please.

Alex Watts :

Get the refund and then you could take them to Court for stress, complain to Trading Standards and post on Consumer forums

Alex Watts :

Does that help?

Customer:

Yes that helps TBH I found trading standards pretty useless in the past though. Already posted on forum warning others. Still not sure my partner received the money back but will action once I am.

Alex Watts :

Yes I will take any action ONCE you have it back.

Alex Watts :

Can I clarify anything else for you about this?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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

Customer:

Thanks. Can you let me know how I print off a receipt please as I intend to get Thomas Sanderson to pay for my legal advice as they suggested I get some before hanging up on me? We received a refund but nothing else and I have paid them £10 for my subject access request. Which ombudsman would be interested in their elusive practices please?

Alex Watts :

Once you rate the format changes. You can then print off this and email customer services and ask for a receipt.

Alex Watts :

It would be Trading Standards

Alex Watts :

Does that help?

Customer:

Sorry but how can I review what has been done? The webpage prevents me from reading more than 1 line of text! Is there a way to see it all?

Alex Watts :

Yes, once you rate the format changes. So please give a positive rating and you can see the whole page

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Just invited to ask a new question on a free & day trial so here goes.


 


Drove 50 miles each way to a "showroom" in Bromsgrove linked on Taps UK website only to be told "You are the ninth person to come in here asking for Taps UK's showroom recently and we don't have one here as we keep telling them". Thuis is a tile shop.


 


That was last Saturday. I am not a customer (fat chance!) and they nowrefuse to pay us reasonable expenses for our wasted journey time due to their misleading on line marketing hype. They have not got a showroom anywhere!


Can I force them to pay my reasonable expenses for that wasted trip?


I started asking for £50 and have escalated to £100 and have sent a letter before action by email and post already. I also have written confirmation of what the Tile Shop told me by email after contacting them for their assistance.


 


I will escalate my request to be compensated to £150 for all the time I have spent complaining on their website which should suffice but they insist that I must write and post a letter also. Was that necessary or just deliberate time wasting hoping I will go away?