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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. My 86 year old mother had a salesman come to her door

Resolved Question:

Hello. My 86 year old mother had a salesman come to her door last friday and managed to sell her, and get her to sign up to spray foam loft insulation. She also waived, by signing another form to have the work done on Tuesday, her right to a cool off period. She paid a deposit of £765 by debit card on the Friday and today a man came to her door wanting £3060 in cash as the balance. She did not have the cash and he said as he had done the work he would be back tomorrow for the cash.
In my opinion, a} the work was not necessary. b} it is clear if you met her, she is not cabable of making an informed decision on her own. c) she is now feeling frightened and locking her door and keeping the phone off the hook. I live over 100 miles away but her neighbours are now aware of this and hopefully will be there when he returns tomorrow. I have power of attorney and if I can get hold of the company in the morning I will tell them not to go to her door anymore and to take any financial dispute to me.
Please can you tell me where I stand on this. I spoke to her doctor back in early December and the Doctor told me the 'memory clinic' was going to make an appointment with her for a test. I have heard nothing from her about this which kind of speaks volumes as she couldn't remember having the conversation with her Doctor.
Please can you help me.
Thanks
Laura
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether the work has actually be done ?

Customer:

Hi Alex

Customer:

yes, the work was done on 4th feb

Alex Watts :

Thank you, ***** ***** clear.

Customer:

ok

Alex Watts :

How much has been claimed by the salesman please?

Alex Watts :

Is it the £765 paid?

Alex Watts :

But he wants another £3060?

Customer:

she paid an initial deposit on friday of £765 by debit card to Global eco renewables in poole

Alex Watts :

That's it so far?

Customer:

yes, a man came to the door today asking for the balance in cash

Alex Watts :

Ok. This is a case on the face of misselling.

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok, so am I right in telling her not to part with any money and should i speak to the company concerned telling them i am dealing with it. they told her an extra 2% interest would be added for every month she didn't pay

Customer:

would i have a case as she is elderly and confused?

Alex Watts :

That can only be enforced through the Courts. The courts at the moment only award around 2-3% a YEAR!

Alex Watts :

Yes I think you have a reasonable case, especially getting her to sign the cooling off rights away

Alex Watts :

That is very bad

Alex Watts :

Does that help?

Customer:

i know, I was wondering if i can tell them to keep off her property and hounding her or i'll call the police

Alex Watts :

Yes you can. Tell them you will see them in Court

Customer:

ok. thank you. this must happen a lot and it makes my blood boil. If I can get hold of them shall i verbally tell them thats's what I'm going to do?

Alex Watts :

Yes I would. Also report them to Trading Standards

Alex Watts :

They are taking advantage of elderly people

Customer:

that's what I thought but I want to play it by the book. thank you

Alex Watts :

Happy to help. Can I clarify anything else for you?

Customer:

I think that's all Alex. I'll try them tomorrow, the bank as well to make sure they don't make any payments if asked by the company who have her bank card details, trading standard and then her doctor....... do you think that is a good plan?

Alex Watts :

Good plan!

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok, going to try and print this off now. thanks Alex and will do.

Alex Watts :

Once you rate the format changes so you can print it off

Alex Watts :

Have a good weekend

Customer:

thank you, night

Alex Watts :

Night!

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