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JimLawyer
JimLawyer, Solicitor
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We feel we have been miss-sold double glazing. We signed a

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Hi we feel we have been miss-sold double glazing. We signed a contract in which we were told we would have 14 days cooling off period if we change our minds. After closer look at our finances we decided we couldn't afford the loan amount and under the credit agreement we cancelled the loan as per their 14 day cooling off period. When we tried to cancel the order with the window company they stated they only offer 7 day cancellation period as the goods ordered are "bespoke". We were never told this only that we could change our minds within 14 days without any penalty. Now the company are refusing to cancel the order. Where do we stand?
JA: Where is this? And when did the issue begin?
Customer: Hi this is Birmingham and we signed the contract on Saturday the 20th. We tried to cancel the order on Sunday 28th but had no answer from the company
JA: What steps have you taken so far?
Customer: Cancelled the bank loan. Tried to speak with the company. Their manager will call us back today but they sent an email saying that as the goods have been ordered we are still liable. The funny thing is they haven't even finished the purveyance work so not sure how they can say they have ordered the made to measure windows
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that the salesman said it was 14 days cooling off without liability. He was in a rush to get out as he had his daughter sitting in the house with us?!? and that he said we were able to change our minds. He never discussed the small print or that we were ordering bespoke goods and therefore only had a 7 day cooling off period
Customer: replied 5 days ago.
I have now spoke to the manager who states that the measurements of the porch and bay window have been sent for manufacturing already and have been made. This is despite the fact that they were only sent in to the company on the 25th and the manager apparently spoke to the manufacturers on Monday and they had already been made. He won't give me the manufacturers details to see when the order was placed or if it has been. The installation date has been set for the 17/8/20 - 2 months away so i cant believe that this is true as they would of had to order and manufacture these on the Friday 26th. He states that the salesperson has said he did state that we had 14 days to cancel but was referring to the loan agreement and not the windows although this was not explicitly stated. He basically says that it is the salesperson word against ours. I have said to him that the new consumer rights directive explicitly states that the sales person should go through the terms and conditions and not just expect it be a given that the consumer understands their liability. We were never signposted to the Ts and Cs or the fact that we would only have 7 days to cancel. Its all too ambiguous. The other issue is that the salesperson brought his 14 year old daughter into the house as she was sat outside in 30 degree heat for 3.5hrs and he requested if she could sit in the house as it was so hot! He was then under time pressure to get the deal through and rushed the last hour of the consultation so that he could leave with his daughter. This is not professional and also led to him rushing the final parts of the contract signing etc

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Whilst it is true to say there is no cooling off period for bespoke items, they did not tell you the goods were bespoke, meaning they misled you and induced you to enter in to a contract. This makes the contact void - and their trading methods are very questionable in my view. Further, they cannot shorten your statutory 14 day cooling off period to 7 days - to do so is illegal.

I would recommend that you send the company a formal letter before action to demand repayment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (who can be contacted on 03454 040506) due to their conduct.

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

You can check your eligibility for a fee remission here:

http://www.gov.uk/get-help-with-court-fees

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Hi Jim,Thank you for your timely response. We believe too that this was completely mis-sold the product and pressured into signing the contract. We have managed to cancel the finance agreement with the bank and therefore no monies have exchanged hand as we are right to do so under the credit agreement.The manager of the company is now stating that because we have signed the contract agreement we are liable for all costs incurred for liquidation of products. We find it incredibly difficult to believe that these products have already been manufactured as even if they were sticking to the 7 day cooling off period as they now state, This would of ended on the 28th (we signed the contract agreement late on the Saturday 20th). Surely they should not manufacturer anything until after this time frame?After further discussion with the manager he now says that they are confident that if things go to court they will win as per the contract agreement and try and reclaim the costs incurred for manufacturing. As a good will gesture they are prepared to throw in a composite door into the original quote and reduce the overall price of the windows and doors to sort this out amicably. We are now unsure where we stand legally as we believe we have been mis-sold and now they are saying we are financially labile for the recovery of their costs if we go to court.
Customer: replied 4 days ago.
Hi Jim,
Any further advice as per the above response?

So they think you have no consumer rights in other words? I completely disagree and they are trying to scare you to be frank. It's also interesting to note their stance on costs when in a claim up to £10,000, legal costs are not recoverable, and claims up to £25,000 costs are fixed (and low). Again, a scare tactic. Report to Trading Standards like I recommended and reiterate the points to the manager by email - no need to do anything else at this stage.