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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can you help? I have had a small porch built on my home this

Resolved Question:

Can you help? I have had a small porch built on my home this last month by the Zenith company at Norwich. It is a good porch and well built but the company is a shambles. Due to a fault it took a week longer than planned and I was harrassed by their call centre to try and sell other products before the porch was built. I addition I was asked to pay for it when only the brickwork was built. I refused.
I was bamboozled into a credit scheme which is unfavourable when I said to the salesman that I wanted to pay cash for the porch (£8k) What with the cost of setting up the credit scheme (£149) through Barclays Partner Finance in Cardiff find that I am paying well in excess than the original £8k. I have e-mailed my complaint to the head office of Zenith and received an acknowledgment (A week ago) I have not had a reply. I will pay off Barclays P.F. plus the cost of the credit agreement, as they requested. Can I have any redress on Zenith for being refused to pay off the £8k cash by a salesman who was programmed to sell a credit agreement at an additional cost to myself. Dealing with the company of Zenith is very difficult, nobody seems interested.
Peter Twiss on *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know what is it you want to achieve please?

Customer:

Hello Alex thank you for prompt reply

Customer:

My objective is to pay £8,000 for the porch and not an inflated amount which involved a credit agreement which I did't want.

Alex Watts :

Indeed. What is the extra sum? Have you paid this yet?

Customer:

The form filled in by the salesman is very complex and later when I checked found that I had signed up to a very long period of years to pay the agreement which would have amounted to over £20,000. And I wanted to pay cash (and still will). The annual credit rate was 26.%. So I feel that enith should re-imburse me to costs over the £8,000.

Alex Watts :

Did you try to cancel at all during a cooling off period?

Customer:

I have so far paid £100 deposit to Zenith as requested on the initial visit of the salesman

Alex Watts :

Ok. When did you sign?

Alex Watts :

Does the order form have anything on it about cancellation or cooling off please?

Customer:

I did not try to cancel the credit agreement as I had and still have some handwrittem notes from the salesmanwith figures of +£6840.00 and 8 monthly payments of £172.77p

Alex Watts :

Is there a cooling off period at all on the documents?

Customer:

Yes. I received a letter from Barclays PF with this written upon it. It invited cancellation, but I was unaware of the costs of setting up the agreement and took the salesmans word that it wouldn't cost more than the £8. I was hoodwinked.

Alex Watts :

That is what he said £8,000?

Alex Watts :

Then you have a claim for breach of contract by false representation.

Alex Watts :

You should write to the finance provider as they are jointly liable under Section 75 of the Consumer Credit Act

Alex Watts :

Set out your position and also send a copy of letter to the porch company too

Customer:

Yes I only have his word though the handwritten note starts with £8,000 and the figure which I have previously sent toyou.

Alex Watts :

They should investigate the matter

Alex Watts :

That should resolve it.

Alex Watts :

If it does not then you can sue both the porch company and the credit card company. This is breach of contract by false representation as I have outlined above. The test is this - has there been a statement which you have relied upon which induced you into the contract. If the answer is yes had it not been for that statement you would not have signed, then this us breach of contract. You relied on the statement of £8,000 which turned out to be false.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes Thank you. I hope to get a reply from the company eventually. Its a principal that I am argueing. I haven't been missold but harrassed into it. I trusted the young salesman but he had other objectives to follow. The Zenith company is an absolute shambles. A simple job which was poorly administered

Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything for you about this today at all?

Customer:

No and Thank you. Very prompt response. Worth £38!

Customer:

Goodbye

Alex Watts :

Great. If this does answer your question can I ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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