£4600 for Garage Door - Aggressive Selling? 76 Years Old!

[accord-mk]

Hi, I have recently been told that Zenith windows contacted an elderly member of my family, who is not competent to say no, nevermind refuse to pay a ridiculous price for a non-motorised, not even a large one.

 

Basically, they got a salesman over to my 76 year old grandfather, talked him into paying £4600 over 60 months for a garage door that was advertised for £2800. We all know that this price for a door is excessive, and the salesman responsible for that price needs a good talking to.

 

A carer of the family member has written 2 letters to date, as the competence level of the granddad is not enough to even write a letter, so before he even remembered to tell anyone, he was outside his cooling off period. The letters sent were;

 

A) Letter to "Zenith Windows" confirming cancellation of the contract, as they did not make the customer fully aware of the payment terms, and certainly did not advise of the total amount payable. Even ALL the paperwork received DOES NOT state the final amount payable.

 

B) The second letter was to a finance company, whom have also expired their cooling off period. The letter stated to cancel it, as it is currently in dispute and has been sold incorrectly.

 

I have thousands of questions, but I best start off with the main ones.

 

Are there any laws against aggressive selling or unreasonable selling methods and prices? As we all know it's very ridiculously expensive.

 

The guy is 76 years old, and has been sold a five year £70+ per month finance package with a 28.4% APR. Surely this is irresponsible lending.

 

Zenith themselves, even called up the customer, advised that they received a letter stating that he wishes to cancel, and if he does, they will take him to court. - I think this is the best option, as I am sure they have breached many laws in this selling process, and this would make an example of dirty selling techniques by these so-called "Retailers".

 

Can anyone help? (All paperwork available, as I have scanned copies.)

 

Regards,

 

Gareth

[postggj]

dont take this as gospel but if it were me, let it go to court.

i can see a judge taking a very dim view of this.

why would a finance company give that sort of credit to a man of 76.

not being nasty by that comment but you can see ware i am comming from.

i very much doubt the finance company would let it go to court any way .

i can see the judge thinking this chap has been conned good and proper.

what about responsable lending etc.

if i were him a complaint to the financial ombudsmen is in order. they can sort this out.

not giving any legal advice hear just my own opinion

 

good luck

 

someone who knows this area will be along shortly

[accord-mk]

Thanks postggj, I am hoping for the same (go to court), as nobody would want such embarassing publicity.

 

He is so vunerable, that I have had to get him registered on the postal address preference services, and telephone preference services.

 

I am sure trading standards would enjoy this case too.

[postggj]

yes i think a letter to trading standards is in order

[gyzmo]

There are regulations governing cold calls and contracts conculded away from business premesis. Can you answer these (sorry if you already have - just wanna make sure)?

 

1. Who initiated the contact?

2. Did they leave a catalogue?

3. Did they leave a cancellation notice? If so, can you post it (omitting any identifiable info)?

 

If the have not complied with the regulations, the contract is ineffective.

[ScarletPimpernel]

The Consumer Protection from Unfair Trading Regulations 2008 specifically prohibits aggressive trading:

 

Aggressive commercial practices

 

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—

(a) it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

(b) it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(a) its timing, location, nature or persistence;

(b) the use of threatening or abusive language or behaviour;

(c) the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;

(d) any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and

(e) any threat to take any action which cannot legally be taken.

(3) In this regulation—

(a) “coercion” includes the use of physical force; and

(b) “undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.

 

I have italicised the sections I think may be relevant. CPUTR has to be enforced by OFT, via Trading Standards.

[accord-mk]

ooh, very helpful indeed, I will quote the act in my master letter, which I aim to send out in the next few days.

 

GYZMO -

 

1. Who initiated the contact? They cold called him, or may have him on records since the previous windows purchased, were via Zenith.

2. Did they leave a catalogue? No, only left an agreement.

3. Did they leave a cancellation notice? If so, can you post it (omitting any identifiable info)? The cancellation notice, was simply a clause in the T&C's stating 14 days cancellation.

 

Nothing else seen so far. Although the finance company want certification that the old fella is not-sane before they cancel any finance agreement, but I am not bothered by them, as they will be accused of "Inapropriate Lending" or similar. I should not have to prove my grandfather is stupid, he is old, forgetful, and not a confronting person, which is why I still cant believe they have had the nerve to "Threaten a 76 year old man with Court". Sick people!

 

Also, forgot to mention that the Customer Services centre, when they called back to threaten him, they also told him that " his carer told them he is not all there ", Surely this is a breach of data protection or similar too?

[PriorityOne]

Absolutely appalling !! I wouldn't pay them a thing.... Let them go to court with it if they fancy their chances, which I doubt anyway. Meanwhile, send all correspndence by rec. delivery and keep a copy of everything sent. Under no circumstances must your Granddad speak to these muppets on the 'phone either... they're no better than debt collectors in the way they've treated him so far !

 

I assume he hasn't has the garage door fitted yet ? If not, then no worries whatsoever, in my opinion.

 

Out of interest, who is the finance agreement with anyway ?

[2Grumpy]

When did all this take place? CPUT regs came into affect in May I think ...

[raydetinu]

Has DD been set up, did he sign that, if not its not valid; anyway cancel all payments, whether DD or SO.

[gyzmo]

Right. The regs (The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987) requires teh following of a natice of cancelation rights:

 

*The name of the trader

*The trader's reference number, code or other details to enable the contract or offer to be identified

*A statement that the consumer has a right to cancel the contract if he wishes and that this right can be exercised by sending or taking a written notice of cancellation to the person mentioned below within the period of 7 days following the making of the contract

*The name and address of a person to whom notice of cancellation may be given

*A statement that the consumer can use the cancellation form provided if he wishes (but need not do so - so long as it is written down, that is sufficient).

 

If ANY of the above has not been given, the contract is unenforceable.

 

Have you reported this to Consumer Direct or Trading Standards? If not do so immediately. The mention of the CPR 08, while in a civil case may be helpful in trying to state that a practice is unfair (by way of it falling under one of the areas mentioned), but it is for enforcement purposes only. If hey have fallen foul of the CPR, it does not automatically make the contract unenforceable