Need advice re: exploitation of elderly vulnerable uncle

[aero]

I've only just discovered this site and I hope some experienced forummers can assist. Sorry the post is so long.

Where to start? Well, a "demonstrator" from an adjustable bed company in Leeds visited my 87 year old uncle, who has recently come out of hospital after a lengthy stay. My aunt has had to be taken in a home because she has dementia and he can no longer care for her. The salesman later leaves with a cheque for £1600 for a product I believe to be worth a few hundred at most. It is basically a mattress with a vibrating pad inside. (The pad is a reputable product - this company sew them inside their own mattresses)

He was telephoned by this company who persuaded him to let them visit. The salesman had medical info from the initial phone call, but, I allege, he suggested to my uncle that he was in fact connected to the hospital from which he had just been discharged. He persuaded my uncle that these beds are used in the hospital and if he did not buy one he would need to visit the hospital 3 times a week to recieve treatment.

He also at one point went out to the car to see if my uncle was eligible for a grant from the Soldiers, Sailors and Airmans Family Association - surprise, surprise, he was.

The hospital have never heard of this company neither have the SSAFA.

Unforunately it was over a week before we found out about this. My sister went to the offices of the company - the woman basically denied any wrongdoing on the part of the salesman.

More worryingly, the next day she 'phoned my uncle up and said "Are you happy with the bed?" - he was scared and said he was, she said "Well enjoy your sleep then" and put the phone down - I consider that to be harrassment and threatening. She has now sent my sister a letter saying that she isn't going to give a refund.

Trading Standards are supposedly looking into it but haven't been back to us yet. I wondered if anyone on here has any ideas?. We are compiling as much info as we can about this company and it's products and intend going to the police eventually as I could not bare the thought of this happening to someone else.

We are going to write a stern letter asking for a refund on the grounds that they have made medical claims for the product which cannot be substantiated (the manufacturer of the vibrating pad unit make no medical claims), an offence under the Trades Descriptions Act, and that the mattress has been missold - it is not "fit for purpose" under the Sales of Goods Act. The woman at the office claimed it had been tested in Salisbury hospital - another not claim not substantiated. She claimed to be a director of the company, though she is not the one listed at companies house.

The invoice/contract records my uncles height, weight and illness, which to me suggests that they are somehow relevant to purchase, which they clearly are not. He received no leaflet, instructions, warranty with this product.

I am very concerned by the actions of the salesman who I believe has coerced a vulnerable elderly man into this purchase. He even wrote the cheque out and got him to sign it. The salesman also ticked the box which said it was a solicited call - as I understand it, it still counts as unsolicted if they made the initial contact ('phone call) with you and then got you to have a visit.

Do any of these things make the contract invalid? Anyone any experience of using the Small Claims system for cases like this?

Any suggestions are welcome. We have emailed Watchdog and the Daily Mirror Investigates team. Thanks in advance.

[MrShed]

How long after he came out of hospital did this happen? If you don't mind me asking, what was he in hospital for? These could both be relevant.

[aero]

About 2-3 weeks. He was first taken into hospital in Nov I think, which is when my aunt had to go into care. This was due to a shrapnel wound from WW2 which had come to the surface on his foot, and wouldn't heal. He came out in early Dec, then collapsed mid Dec with a blood clot, called 999 and was readmitted. The salesman basically played on this, in my opinion, saying that this product would prevent him going into hospital again. He is physically very frail now and although not mentally incompetant, certainly vulnerable. He does not leave the house (and hasn't done for quite a while) unless my sister takes him out.

[midge61]

Hi
Have you thought of contacting Watchdog?
They usually like to take up this sort of thing.

[buzby]

It's a classic case - however, the visit was NOT unsolicited, the telephone call was, but an appointment was made so this isn't relevant - he was formally invited. The problem is you are dammed if you intervene (removing responsibility) and dammed if you don't (not keeping an eye). As we get older our relatives are easy prey for unscrupulous sellers, but then look at those folk who legally bought empty Playstation BOXES, simply because they didn't read the listing carefully. It's not just the elderly that are easy prey, and at the end of the day it will always be the salesman's word against the relative. There's no 'free card' to get out of a binding agreement, and whilst Watchdog and the rest may make capital of firms that operate unethically, it is not illegal. We'de simply got to be aware of these problems before they happen, in much the same way as we have to with our children.

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[aero]

I've emailed Watchdog and the Daily Mirror - no reply. Trading Standards haven't rung back - a week now since they said they would. This company have made medical claims about these mattresses which they cannot substantiate so we are going to ask for a refund on the grounds that it is not "fit for purpose". Most of these claims were verbal, though writing his med details on the contract seems to me a clear indication that somehow this was relevant. We wanted some Trading Standards advice about how to pursue this before we wrote our letter - they ask you to contact them on the website, but in reality they don't seem interested. Just a curtesy call would have been nice.

I got info about it being an unsolictited visit from the trading standards web site. Can't seem to do a link or cut and paste the info. It says "an appointment made as a result of an unsolicited phone call" counts as an unsolicited visit.

It is difficult to know when to step in. You feel like you are telling him what to spend his money on, but you know (and actually he knows) he has been ripped off - but he believed the salesman and was so worried about his health that he thought this mattress would help. Thanks for the support guys.

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

[midge61]

Hi
I found that on the trading standards website you could find your local area and a phone number to call. I did this and found them very helpful.
Try that. Have you also thought of contacting Age Concern they might be able to advise you.

[aero]

It is the local Trading Standards that haven't 'phoned back. I rang again today and was told that the call back time would be within 5 days (not 3 like I was originally told), so I have to waith until tomorrow before calling again. I'm emailing Age Concern as I think it might be useful for them to know about this company and they may have had other complaints. To be honest, if you haven't got your wits about you and plenty of free time, it is hard to make progress on consumer issues on your own - but then they count on you giving up don't they, especially if you are elderly?

[buzby]

No... I think they dome dementia or death will take precedence....

[rosiecotton]

Originally Posted by aero

It is the local Trading Standards that haven't 'phoned back. I rang again today and was told that the call back time would be within 5 days (not 3 like I was originally told), so I have to waith until tomorrow before calling again. I'm emailing Age Concern as I think it might be useful for them to know about this company and they may have had other complaints. To be honest, if you haven't got your wits about you and plenty of free time, it is hard to make progress on consumer issues on your own - but then they count on you giving up don't they, especially if you are elderly?

Yes, Consumer Direct refer certain cases to Trading Standards for further advice or assistance but there is usually a period of 5 working days for them to call back. Not sure how many of them would take the full 5 days, I suppose it depends on their resources etc. Definitely call Consumer Direct again if you don't get a response within 5 days, it's not unknown for call-back requests to slip up in the communication process.