SafeStyle UK contract law

[ostell]

Re: SafeStyle UK contract law

So those T&C's in the PDF look almost valid... But they don't give a date and some of the other required info is missing.

[Kittens Mittens]

Re: SafeStyle UK contract law

Yes the Notice does not have a date on it.

[Kittens Mittens]

Re: SafeStyle UK contract law

Although it would take the average Joe more than one hour (left in the day when the contract was signed by my neighbour) to read and fully digit those t&c's. Since when does 7 days mean 6 days and one hour?

[charitynjw]

Re: SafeStyle UK contract law

Agreed!
The draftsman of that piece of legislation needs....................a visit from an Safestyle salesman.

[basa48]

Re: SafeStyle UK contract law

So those T&C's in the PDF look almost valid... But they don't give a date and some of the other required info is missing.

To be clear, the docs I attached were on one side of a large sheet of paper. The other side were details of the items ordered plus my dated signature agreeing to the T&Cs shown overleaf. Thus the contract is compliant and the date of my signing would be the first day of the 7 day cooling off period.

[Kittens Mittens]

Re: SafeStyle UK contract law

To be clear, the docs I attached were on one side of a large sheet of paper. The other side were details of the items ordered plus my dated signature agreeing to the T&Cs shown overleaf. Thus the contract is compliant and the date of my signing would be the first day of the 7 day cooling off period.

[CleverClogs]

Re: SafeStyle UK contract law

Are you in Ulster?

[Kittens Mittens]

Re: SafeStyle UK contract law

lol No. But the same rules apply in England It specifically says that the Cancellation Notice must have a date on it. It doesn't. The contract does which is still ambiguous because in the case of my neighbour it was signed at 11pm (they are usually in bed by 10pm at the latest). Seven days is Seven days - not six days and one hour. The bloke at safe style is determined to scare these people into buying his windows. It has since emerged that there was an additional cost of £2000 quoted for scaffolding. They are outrageous in their actions and their prices. Goodness only knows how many have been trapped by them.

[CleverClogs]

But won't someone please think of the children? (Was - Re: SafeStyle UK contract law)

lol No. But the same rules apply in England It specifically says that the Cancellation Notice must have a date on it. It doesn't. The contract does which is still ambiguous because in the case of my neighbour it was signed at 11pm (they are usually in bed by 10pm at the latest). Seven days is Seven days - not six days and one hour. The bloke at safe style is determined to scare these people into buying his windows. It has since emerged that there was an additional cost of £2000 quoted for scaffolding. They are outrageous in their actions and their prices. Goodness only knows how many have been trapped by them.

As nobody else seems to have asked this - won't someone please think of the salesman's children?

It is hardly their fault that daddy is on commission only and depends for his livelihood on diddling vulnerable wrinklies into buying overpriced and badly fitted double glazing they neither need nor really want.

It isn't their fault that daddy has to spend all his evenings trying to peddle trash, only to fail time and time again when the wrinklies selfishly realise that they will have to cancel if they are to go private for that long overdue hip replacement.

It certainly isn't their fault that, with this cancellation, daddy will be left with no commission at all for that week and that he will have to choose between fuel for the petrol guzzling car he needs to transport all of the double glazing demonstration units, and food for his family's table.

It cannot be right that his children will have to go to bed next week with hardly a slice of bread and dripping to keep them from utter starvation.

Won't someone please think of the children?

[charitynjw]

Re: SafeStyle UK contract law

.............sold into slavery

Still, 20% commission, & sales targets achieved - got to be done, innit!

I don't know about you guys, but I'm getting confused, what with 2 different threads going for this.

I posted this on the 'SafeStyle Cancellation Rights' thread - http://www.legalbeagles.info/forums/...523#post352523


I think I may have found something.

Anticipatory breach of contract

When one party (KittenMitten's neighbours) informs the other party (the 'injured' party, aka SS) of their decision, for whatever reason, that they are not going to perform their part of the contact (in this case, cancellation).

The injured party has two choices

1 Not to accept the repudiation, & expect the other party to honour the contract. (ie. let SS supply/fit the windows/doors & pay up)
2 To accept the termination of the contract (cancellation), & possibly seek 'damages' (restitution).

However, should the injured party choose option 1, they need to make this intention to carry on with the contract clear & unequivocal.

Yukong Line Ltd of Korea v Rendsburg Investments Corporation of Liberia [1996] 2 Lloyd's Rep 604 (Commercial Court)

Bell Electric Ltd v Aweco Appliance Systems GmbH & Co. May 2002 [2002] EWHC 872 (QB)

Restitution

Where the innocent party has suffered no loss, they can usually only recover nominal damages, especially as there was no 'unjust enrichment' gained by the party in breach (KM's neighbour).

Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361

(Please note; these are only my thoughts, not legal advice)

[Kittens Mittens]

Re: SafeStyle UK contract law

'Where the innocent party has suffered no loss, they can usually only recover nominal damages, especially as there was no 'unjust enrichment' gained by the party in breach (KM's neighbour). '

That makes sense. Thank you.

[HKPhooey]

Re: SafeStyle UK contract law

Hi folks - Looking for advice on the following with Safestyle
Sales rep offered good deal and said we had 21 days to cancel. We never buy like this usually but with 21 days to cancel and of course that "sign now discount" being key to the overall price we went ahead.
On the contract there are several points and point 9 mentions the 21 day cancellation for contract variants etc. I didn't understand this so asked for an explanation and was advised that it's to protect both parties (words to that effect). But don't worry 21 days is the cancel time.
So we were reassured three times (two witnesses on our side too) it was 21 days and point 9 on the contract refers to 21 days. What I hadn't seen overleaf was the "7 day cancel" thing but why would I look for something that hadn't been mentioned
Next day called customer service and said we wouldn't want to proceed without seeing the actual proper designs and I was worried the 21 days would be up before they wer sent. I was advised that by calling in to dispute something the 21 days was negated anyway. Great we can all relax
Anyway we had a change of heart and emailed to cancel within 21 days
Of course we are now being told it's not possible. I could go on about the contradictions we've had on phone calls etc but I'm just keen to know where we stand given we were repeatedly assured it was 21 days and then "negated"
We haven't even seen the designs yet either!
I think we've got a case irrespective of the fact I've signed and there is a 7 day notice on there (for the above reasons)
Any help would be appreciated before I speak to them again
HK

[HKPhooey]

Re: SafeStyle UK contract law

Hi there
I'm not a forum user usually so I've posted on the thread but thought I would reply to yourself just to make sure it landed!!
sorry for my novice-ness!

Hi folks - Looking for advice on the following with Safestyle
Sales rep offered good deal and said we had 21 days to cancel. We never buy like this usually but with 21 days to cancel and of course that "sign now discount" being key to the overall price we went ahead.
On the contract there are several points and point 9 mentions the 21 day cancellation for contract variants etc. I didn't understand this so asked for an explanation and was advised that it's to protect both parties (words to that effect). But don't worry 21 days is the cancel time.
So we were reassured three times (two witnesses on our side too) it was 21 days and point 9 on the contract refers to 21 days. What I hadn't seen overleaf was the "7 day cancel" thing but why would I look for something that hadn't been mentioned
Next day called customer service and said we wouldn't want to proceed without seeing the actual proper designs and I was worried the 21 days would be up before they wer sent. I was advised that by calling in to dispute something the 21 days was negated anyway. Great we can all relax
Anyway we had a change of heart and emailed to cancel within 21 days
Of course we are now being told it's not possible. I could go on about the contradictions we've had on phone calls etc but I'm just keen to know where we stand given we were repeatedly assured it was 21 days and then "negated"
We haven't even seen the designs yet either!
I think we've got a case irrespective of the fact I've signed and there is a 7 day notice on there (for the above reasons)
Any help would be appreciated before I speak to them again
HK