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SafeStyle UK contract law

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  • SafeStyle UK contract law

    hi all.

    I am writing this with an intention of gaining some advice for my mother.

    My mother lives alone and was after getting a new back door for her home. she intended to get a number of quotes from different companies and the first company she dealt with was SafeStyle UK. a sales representative came round to see her at around half 6 at night. he spent some time with her showing what the company offered and gave her quotes. she repeatedly stated she was just after quotes and would be speaking to other companies. the salesman said that was fine but in order to get the deal she would need to sign a contract with a 7 or 14 day cooling off (one of the two) period as well as paying the initial £60 surveyor fee.
    she said that she felt uncomfortable paying the £60 fee and the salesman said that was fine and that she could pay that another day if she still signed the initial contract. she signed and a date for the surveyor to visit was agreed. with a 5 hour window on the afternoon as to when he would arrive.

    having thought it over she later decided to cancel the contract as she was no longer looking to use their services. however she had run over the cooling off period. this is when the bullying began..

    my mother rang the company and was told that she was no longer able to cancel the contract and she would have to pay the surveyor fee along with the full fee for the fitting and installation. every time she tried to speak to them they simply responded that she was in a breach of contract and they would see her in court. when she finally spoke to a manager she told him that she no longer wanted the door but he said she had to and if not he would see her in court.

    on the day of the surveyors visit my mum took the afternoon off work as he could have arrived any time between 12 and 6. however he never showed up and she received no calls from either the surveyor or the company. we thought that this was the end of it. my mother then sent a letter to the company outlining that she wanted to cancel the contract.

    today however (14 days later) she received a letter from a manager of the firm stating that she had 7 days to agree to the contract or face legal action being taken against her. this upset her so i phoned the manager who sent the letter on the number he provided. i explained that she no longer wanted the door and that because the surveyor did not show up we presumed that was the end of it. he said that if i wanted to act like a lawyer that was fine and he would see us in court. he stated that he had told the surveyor not to turn up on the day as the moment my mother called to cancel she was in breech of contract. something she was never told. he then said because i had called he was going to start the court proceedings tomorrow morning and then said that because he was a nice person he would give me 48 hours to get my 'legal facts right'. she was then phoned by another employee telling her that i had called them (she was stood right next to me). this employee however told her that the surveyor had been sent out and that it was her word against theirs. (something they have said on a number of occasions).

    the reason i have written this is to just get advice. either from someone who has experienced this before or from someone with a legal background. i can think of nothing worse than my mother paying this company any money after the way they have treated her. i feel like they are using bullying tactics in an attempt to get her to cave in.

    thanks for reading.
    Tags: None

  • #2
    Re: SafeStyle UK contract law

    Hello Davederby and I am so sorry for your mother's situation. Although I think that what your mother has experienced is undoubtedly wrong and have every sympathy, I don't have the legal expertise you have asked for. Someone who does will be along as soon possible - you have come to the right place!

    Comment


    • #3
      Re: SafeStyle UK contract law

      In all honesty if you have already paid the £60, that's gone, if not don't worry, they cannot force you to buy their windows or doors, especially before they are fitted, and are just blowing hot air at losing a job.
      If they say the surveyor turned up and you say they didn't, simple, ask them for a copy of the exact sizes for the windows or doors ordered and the prices, if he turned up he would have them, otherwise they couldn't make the products to fit properly.

      Read through the contract to see if there are any penalties for cancelling the contract after the cooling off period and be prepared to pay these as a last resort but make them beg for them.

      Keep all the paperwork showing you cancelled the job and their replies so they cannot just turn up and fit the windows and doors and then take you to court to make you pay.

      Tell them you have no intention of having their products now or any time in the future and if they believe by threatening to take you to court you are going to give in and pay up they can think again.

      Comment


      • #4
        Re: SafeStyle UK contract law

        Hi could you have a look at my complaint Ian? Thank you x http://www.legalbeagles.info/forums/...ight=safestyle

        Comment


        • #5
          Re: SafeStyle UK contract law

          Consumer Credit Act 1974
          http://www.legislation.gov.uk/ukpga/1974/39/section/66A


          [F166AWithdrawal from consumer credit agreement

          (1)
          The debtor under a regulated consumer credit agreement, other than an excluded agreement, may withdraw from the agreement, without giving any reason, in accordance with this section.

          (2)
          To withdraw from an agreement under this section the debtor must give oral or written notice of the withdrawal to the creditor before the end of the period of 14 days beginning with the day after the relevant day.

          (3)
          For the purposes of subsection (2) the relevant day is whichever is the latest of the following—

          (a)
          the day on which the agreement is made;

          (b)
          where the creditor is required to inform the debtor of the credit limit under the agreement, the day on which the creditor first does so;

          (c)
          in the case of an agreement to which section 61A (duty to supply copy of executed consumer credit agreement) applies, the day on which the debtor receives a copy of the agreement under that section or on which the debtor is informed as specified in subsection (3) of that section;

          (d)
          in the case of an agreement to which section 63 (duty to supply copy of executed agreement: excluded agreements) applies, the day on which the debtor receives a copy of the agreement under that section.


          If I'm reading this right, you have cancelled just in time.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: SafeStyle UK contract law

            Originally posted by IanM View Post
            If they say the surveyor turned up and you say they didn't, simple, ask them for a copy of the exact sizes for the windows or doors ordered and the prices, if he turned up he would have them, otherwise they couldn't make the products to fit properly.
            Do SafeStyle windows or doors ever fit properly unless by accident?

            Comment


            • #7
              Re: SafeStyle UK contract law

              Originally posted by charitynjw View Post
              Consumer Credit Act 1974
              http://www.legislation.gov.uk/ukpga/1974/39/section/66A


              [F166AWithdrawal from consumer credit agreement

              (1)
              The debtor under a regulated consumer credit agreement, other than an excluded agreement, may withdraw from the agreement, without giving any reason, in accordance with this section.

              (2)
              To withdraw from an agreement under this section the debtor must give oral or written notice of the withdrawal to the creditor before the end of the period of 14 days beginning with the day after the relevant day.

              (3)
              For the purposes of subsection (2) the relevant day is whichever is the latest of the following—

              (a)
              the day on which the agreement is made;

              (b)
              where the creditor is required to inform the debtor of the credit limit under the agreement, the day on which the creditor first does so;

              (c)
              in the case of an agreement to which section 61A (duty to supply copy of executed consumer credit agreement) applies, the day on which the debtor receives a copy of the agreement under that section or on which the debtor is informed as specified in subsection (3) of that section;

              (d)
              in the case of an agreement to which section 63 (duty to supply copy of executed agreement: excluded agreements) applies, the day on which the debtor receives a copy of the agreement under that section.


              If I'm reading this right, you have cancelled just in time.
              Unfortunately 'charitynjw' this only applies if the OPs mother was buying the door using a credit agreement.

              Safestyle's contract specifies a 7 day cooling off cancellation period if the customer is buying without credit, i.e. cash.

              I recently fell into the same trap with Safestyle, who threatened legal action after I expressed a wish to cancel after the 7 days cooling off.

              Fortunately I had planted deeds of doubt in their surveyor by suggesting a previous surveyor thought I might need new lintols over the windows (an expense their original quote did not allow for). Safestyle later cancelled because they couldn't force me to pay extra over the quote and couldn't risk having to stand the extra expense themselves. :tung:
              They were out to get me!! But now it's too late!!

              Comment


              • #8
                Re: SafeStyle UK contract law

                http://www.legislation.gov.uk/uksi/2.../contents/made

                Comment


                • #9
                  Re: SafeStyle UK contract law

                  Damn!!
                  (Thanks basa)

                  Still, it does beg the question of when exactly the clock starts ticking on the cooling off period.
                  Is it from the time/day the contract is signed, or the first full day after.
                  The latter would be more sensible, but I'm beggered if I know!
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: SafeStyle UK contract law

                    As far as I can see Safestyle's contract complies in every respect with the legislation (I do have my copy). I see a minimum period of cancellation of 7 days specified in the legislation which is what Safestyle also quote.

                    (Schedule 4 Part 1 para 3:

                    A statement that the consumer has a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of 7 days starting with the day of receipt of a notice in writing of the right to cancel the contract.)
                    They were out to get me!! But now it's too late!!

                    Comment


                    • #11
                      Re: SafeStyle UK contract law

                      Originally posted by charitynjw View Post
                      Damn!!
                      (Thanks basa)

                      Still, it does beg the question of when exactly the clock starts ticking on the cooling off period.
                      Is it from the time/day the contract is signed, or the first full day after.
                      The latter would be more sensible, but I'm beggered if I know!
                      Interpretation

                      2.—(1) In these Regulations: “cancellation period” means the period of 7 days starting with the date of receipt by the consumer of a notice of the right to cancel;

                      :tinysmile_cry_t:
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: SafeStyle UK contract law

                        So did the SafeStyle agreement contain a clear notice of the right to cancel and did the agreement contain or include a cancellation form?

                        Comment


                        • #13
                          Re: SafeStyle UK contract law

                          The cancellation clock starts when a dated piece of paper giving the cancellation rights is given to the customer. See section 7 in the above, particularly be set out in a separate box with the heading “Notice of the Right to Cancel” etc If no notice then the time extends until such time as within 7 days after the particulars are delivered. Look through the paperwork and see if the cancellation rights are there and in the proscribed form. The salesman may even have said 14 days to your mother.

                          Comment


                          • #14
                            Re: SafeStyle UK contract law

                            Originally posted by CleverClogs View Post
                            Do SafeStyle windows or doors ever fit properly unless by accident?
                            Possibly, but I know a man who can fit windows properly (If you live in the South Manchester area).
                            They were out to get me!! But now it's too late!!

                            Comment


                            • #15
                              Re: SafeStyle UK contract law

                              Originally posted by CleverClogs View Post
                              So did the SafeStyle agreement contain a clear notice of the right to cancel and did the agreement contain or include a cancellation form?
                              Mine did.
                              Attached Files
                              They were out to get me!! But now it's too late!!

                              Comment

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