mis-sold conservatory, company is claiming breach of contract

[James2007uk]

Re: mis-sold conservatory, company is claiming breech of contract

They sent out a proposal in a letter, with a new price, but charging £7,727.00 for the conservatory they did not fit, they would not neg. on reducing this for going ahead with a new contract.

[James2007uk]

Re: mis-sold conservatory, company is claiming breech of contract

attached now with all addresses deleted

[natweststaffmember]

Re: mis-sold conservatory, company is claiming breech of contract

so they in effect cancelled the contract, right? When was the new contract sent out(with the £7k amount on it) and when was the new proposal sent out for the new conservatory?

[Amethyst]

Re: mis-sold conservatory, company is claiming breech of contract

Do you have in your possession evidence of the original order, and the subsequent letters cancelling and offering the right conservatory/asking for the £7k etc ?

Does the original order contract signed by the defendants state the type and design of conservatory ? I think this is going to be very important.

Was a copy of the contract signed left with the defendants at the time of the order?


(on the defence we need to do some work - the first paragraph is incorrect and should read something like '' The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.'' then go on to admit making an initial order and go on from there. )

[Paule]

Re: mis-sold conservatory, company is claiming breech of contract

I will make my comments on the drawings and to me they show a slight sloping roof to the conservatory or 'lean-to'.

What made them presume they were getting something else?

I am presuming the salesman showed them a brochure of the different styles and they picked one.

So either the salesman incorrectly marked down the wrong conservatory on the order form, or the purchasers made an error.

I agree that it may have been missold due to their age, but in my opinion the docs refer to what you describe was going to be built.

On the plus side their POC doesn't seem to refer to this as the reason for their claim, and more to do with the fact that you refused permission for them to access the site.

Thats my two penneth anyway

[scoobydoo]

Re: mis-sold conservatory, company is claiming breech of contract

Just a question - sorry if I am being thick - surely there was a big price difference between a victorian conservatory and a lean to? Was there no difference between the price quoted and the contract?

.

[Amethyst]

Re: mis-sold conservatory, company is claiming breech of contract

17th Sept was the drawing, the contract was August - was this drawing sent out to the defendants then and was any query raised with Anglian on receipt of these plans?

I could easily appreciate they may not have realised that 'Garden Room' referred to a design type when signing the contracts etc. so any query would have been raised on receipt of the drawings.

[scoobydoo]

Re: mis-sold conservatory, company is claiming breech of contract

Also just a comment - I think the section about the gable end is confusing - but probably appears as standard on the paperwork.

Also the wording in the contract is a bit ambigous you would think that each design would have a clearer name - for example "Lean to garden room" - but I agree the drawing on the last page is clearly a lean to.
------------------------------- merged -------------------------------
I agree about the time line.

As some of the details have been removed did the purchasers actually sign the page with the main drawing on?

That seems a lot of money for a very simple straight foward lean to that is probably made from standard sized panels !

[Paule]

Re: mis-sold conservatory, company is claiming breech of contract

From the Website, I presume the brochure they saw would have the same photos, which show the Garden Room without a detailed roof

Garden Room Conservatories: Anglian Home Pick n Mix Special Offers - Click to see our Great Offers!



Victorian conservatories: Anglian Home Pick n Mix Sale - Click here to See our Amazing Offers!

[scoobydoo]

Re: mis-sold conservatory, company is claiming breech of contract

It would be quite simple for them to provide a photo next to the drawing when signing that section of the paperwork to avoid expensive mistakes .

[Amethyst]

Re: mis-sold conservatory, company is claiming breech of contract

I think concentration has to be on points 6 and 7 of the defence - distance selling regs - I know nothing on these but assume it was an appointment made instigated visit so can forget cancellation rights etc and not sure what regs there are over behaviour/sales pitch etc - is there something re ''sign by the X yes of course its in order sir'' type stuff especially with more vulnerable people?

The paperwork seems in order, need to know when the plans were viewed and agreed etc.

Also all the documentation regarding the cancellation of the order.

[Tools]

Re: mis-sold conservatory, company is claiming breech of contract

There does seem to be some unclear details on the drawing.

The panel list indicates that there is a Regency Gable end as can be seen in the attached jpeg (panels 5,6,7,8 lower half)

From that it could be assumed that the image below was to be supplied?

[James2007uk]

Re: mis-sold conservatory, company is claiming breech of contract

thanks to everyone who has provided advice it has all been really helpful, when it gets transfered to the Cardiff court I will use it to support the defence. Totally agree with having the picture next to the drawing, however, I purchased a conservatory from the same company and the drawings are much clearer. They say they dont do such detailed drawings as they are cutting costs. Will be using that in my defence also.

thanks again

[Amethyst]

Re: mis-sold conservatory, company is claiming breech of contract

we do need to revise some parts of your defence, is it okay if i go through it today or have you already submitted?

[scoobydoo]

Re: mis-sold conservatory, company is claiming breech of contract

I agree about the gable end drawing I found that confusing . Out of interest at the initial meeting were they given quotes for both options or did they only EVER discuss the victorian conservatory.