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Help please..My Mum agreed to have some upvc facia and gutters to replace old ones, she signed a contract with XXXX windows, she later decided to cancel, but can't remember the exact date of cancellation, since then the window company have issued a claim against her for more than the original quote of £2160, stating she did not cancel, and did not respond to repeated calls and a letter, which they definitely did not happen.
Does she have any defence, she suffers bad memory loss, as a result of chemotherapy, this can be backed up by her GP, so she is uncertain if she did cancel in 7 days of signing the contract. Also how can the window company claim more than the original quote, I have spoke to a builder who told me the usual practice for this type of job would be to pickup the UPVC boards and gutters on the date of installation , so he cannot have spent any money on this job. I have also looked on a website and it appears this person has complaints against him for preying on elderley people, can I mention this.
One final thing is that this man is also claiming 8% interest since the day he issued the quote, is this right. Seems to me that a rouge trader is using money clam to force people tp pay
Also are my mums health issues mitigating circumstances .
I should also mention she has been to the citizens advice who have said she will have to pay but this is surly not fair
Not sure if I can mention the name of this window company, but people need to be aware
It would be worth asking the site team about mentioning the company by name, you could also consider uploading the summons via a host such as photo-bucket before doing this it is important that you delete any personal information first.
Andy
Advice is based on my personal opinion, and what I have learnt from this forum.
If you need legal advice please consider consulting a lawyer.
Not sure how to proceed with this one , because we are not sure if she is guilty or not
Turns out her memory loss is due to dementia, got a letter from her GP.
Probably plead guilty and put this letter in as mitigating circumstances and then see what happens with the British justice system.
Can’t believe this man can leave this 6 months and then have the cheek to claim 8% interest from the date of her signing the contract, he must also be claiming the vat, any monies paid as a result of this go to him not the window company, so he is also avoiding tax
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
We need to see the summons - redacted on here, but please, in full by PM? Need to do some digging as already it smells. Contract or not, they can only claim for losses incurred.
And from what I know so far, the company in question does not actually exist, according to Companies House, and never has. So the claim form is the starter.
(Pretending to be a limited company when you're not is extremely dodgy)
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
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After signing a contract to have work carried out the following month on 21/09/2009 and materials being specially ordered to replace fascias on her property, this client advised A6 Windows when we tried to make arrangements to carry out the work 4 weeks after signing the agreement that she could afford to do the job at that time. Despite numerous telephone calls and one letter to this date the client has not made any arrangements with us to carry out the work.
The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from 21/09/2009 to 09/03/2010 of £69.59 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of (enter the daily rent of interest).
The account claim is £2,229.59 and the original estimate was for £2,160.00.
Just getting better, went round to my mothers house all facias are already brown UPVC, work was not necessary, purely for cosmetic reasons the guttering could have been changed........she was not aware the facias were already UPVC
Need to reply soon would it be better to go and see a solicitor.
If you want us to help - and CAG can do for nothing, for the most part, what a solicitor would charge for - then you need to respond to our questions.
What is the date of issue on the Claim Form?
Can you post up a copy of the 'contract' or 'estimate' with the personal/identifying details blacked out?
Was the person who sold your mother the work the 'owner' of the company? Can he/she be identified?
If this is A6 Windows in Manchester, then it purports on its web site to be a limited company. It is not. This is a serious offence.
Please, we need more info to help. The content of the supposed contract is vital.
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
there are so many rouge window makers too many and it sounds as though she has a case against them considering that they have excepted a signature from someone with dementure,in other words it is not a document sign by a person who is not of sound mind....end of give your data in a private message to vj and donkey they will sort this problem out without too many problems and remember a person not of sound mind is not capable of making decisions
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
14.-(l) It shall be an offence for any person in the course False or
of any trade or business- misleading
(a) to make a statement which he knows to be false ; or statements as
to services,
(b) recklessly to make a statement which is false ; etc.
as to any of the following matters, that is to say,-
(i) the provision in the course of services, accommodation or facilities ;
Orders defining terms for purposes of section 14.
CH. 29 Trade Descriptions Act 1968
(ii) the nature of any services, accommodation or facilities
provided in the course of any trade or business ;
(iii) the time at which, manner in which or persons by
whom any services, accommodation or facilities are so
provided ;
(iv) the examination, approval or evaluation by any person
of any services, accommodation or facilities so provided
; or
(v) the location or amenities of any accommodation so
provided.
The order form makes the statement that they are a SWISH approved installer... unfortunately SWISH do not concur with this information.
ALSO
This is their step by step procedure for processing orders:
Step 1:
After your initial enquiry we will visit your home to discuss your requirements and present our range of products. We do not employ SALESPEOPLE so there will be no sales tactics we give a no obligation quote and let you decide. Once a decision has been made, all information will be detailed on your personal contract, a copy of which is left with you. We then arrange a suitable time for our surveyor to call.Step 2:
Our qualified surveyor will visit your home to check the technical information, exact measurements and ensure that your products have been priced correctly. Any special fitting requirements will be noted at this stage and passed onto our installation department and an installation date is arranged with you.Step 3:
Your order is processed and your products are hand made by our skilled factory staff and checked by our quality control staff before they leave head office.Step 4:
Our installation team arrive on the agreed date to fit your products.We ask that before our installers arrive you make as much room around the installation areas by moving furniture etc. Once the installation is complete and you are happy with your installation, you settle the balance of your payment. Your guarantee is printed on the back of your order form /invoiceStep 5:
Once you have paid your balance we then register your installation with fensa the governing body for the double glazing industry.
The order form is clearly at STEP 1 because STEP 2 states that exact measurements will be taken.
The order form states "approx" in all measurements/fitment date etc.
"The Company". "...signed by a director of the company and attached hereto"
Oh dear, oh dear dear... there is no company. GOT THEM. False representation, bordering on...
It also says any products will be fully chargeable. Not labour. Methinks he claims too much.
I think a key issue for TS is that there were already perfectly serviceable brown uPVC workings in place that did not need replacing.
How did your mother first get involved in this? Was it a cold call?
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
looks like a cold call and persuasive means used when already fitted with upvc ,TRADING STANDARDS will take this up considering their is a dementure involved ,no doubt A6 are known to them....
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
Help with Money claim .com defence
since the day he issued the quote, is this right. Seems to me that a rouge trader is using money clam to force people tp pay
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