mis-sold conservatory, company is claiming breach of contract

[Amethyst]

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

Don't put that defence in....theres no rush to get it changed yet, and we really would like to see the paperwork before knowing how far to push this.

Don't forget none of us are legally qualified and this is just based on our experiences

Personally, with the drawings on the contract I think that you will have a fight on your hands.

[Budgie]

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.

Law changed on October 1st 2008. You now have the same rights to cancel when you sign a contract in your home following a requested or arranged appointment as you do if you sign a contract in a shop. Buyer beware has basically disappeared as an argument. I believe there are also some additional / new regulations regarding right to reject or return goods.
Don't know if I am missing something here but where are the copies of the original order, invoice etc etc and the POC. Until we are able to see copies of those it is a bit difficult to really comment and offer sensible advice.

Consumers' extra rights when buying goods or services from their home or workplace | Business Link

[Amethyst]

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

Legal Beagles

all in there budg xx

Thanks for reminder on distance selling regs.

[James2007uk]

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

The case was heard in the Cardiff county court this afternoon, and the claimant (Anglain Home Improvements) case was thrown out. Also Anglian have been ordered to pay back the deposit. The main reason for the judge’s decision was the fact that the salesman, who had accepted the order, did not turn up in court to give evidence, just a very brief statement. The claimants then provided a number of points that we were able to defend and the salesman was not able to contradict, due to his absence. The judge looked very unfavorable at this and hence threw the case out.

Thanks for everyone's comments and help it was all very useful

[Tools]

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

Great news James and thank you for coming back to complete the whole story.

This again emphasises how important it is to attend hearings in person.

Did the Judge order they cover your costs at all and are you now satisfied with the result?

I hope if you have any other issues we can help with you will be back for advise again.

Again, congratulations and thank you for letting us know.

[enaid]

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

Thanks very much for the update, it is always appreciated especially when it is a good result.
It also helps no end to let others know they have rights and can use them, thank you Enaid x

[TUTTSI]

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

Well done a great result

[Amethyst]

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

Brilliant news well done you xxx

[scoobydoo]

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

yes thanks for letting us know and glad it was a good result.