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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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Hi there! I bought windows from St. Andrews windows last feb

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Hi there! I bought windows from St. Andrews windows last feb and they arranged finance with hitachi. We pay hitachi £150 every month but last November they stopped my payments for no reason. After numerous phone calls trying to sort this out and them not calling me back I then receive an email saying my account is no longer in arrears and the direct debit is set up as normal. They then twice try to take almost £2000 out of my account for no reason. We didn't have enough funds in there so twice we will now be charged. My husbands credit score has been affected because of them stopping the payments last November. The thing is we are not happy with our windows anyway, some are leaking, one has to be replaced as the gases have broken down. We have had so many problems and no body returns our phone calls which is why over a year on the windows haven't been finished. I want to know what our rights are as we are paying for something that we are not happy with and now are finance company have done this to us.
Thank you for your question.

If they made an error and forgot to take the money out of your account so that you fell into arrears then they are in breach of the credit agreement and should not be entitled to make up the sum by trying to take out £2000 from your account at once. Particularly when they told you in an email the account was up to date.

However, leaving that aside you should be intimating to both St Andrews and to Hitachi that the goods are not of satisfactory quality within the meaning of section 14 of the Sale of Goods Act 1979 for the reasons you describe in your narrative.

Where there is finance both the retailer and the finance company are responsible to you for any breach of contract, including unsatisfactory goods.

You should stop the payments for that reason. They are not allowed to let this affect your credit rating. A Supreme Court decision last week involving PC World that you might have read about already says so.

You should send a written intimation of claim to both St. Andrews and to Hitachi. Do not do this by phone as you need copies of your letters as evidence. You already have an email contact with Hitachi so use that.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.
Thank you so much! The £2000 owe don't know what this is for as our missed payments only amounted to £ 600. What do you mean by a written intimidation of claim?
A written intimation of claim not intimidation of claim.

A written intimation of claim is where you intimate that the goods are not of satisfactory quality and that you are seeking either to reject the goods or to claim damages or both. You should outline in detail what is wrong with the windows and that you are not prepared to pay for them.

The letter should be addressed to the company and also the finance company.
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