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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to expect a company to have goodwill?

55 replies

firstsecondthird · 12/05/2015 17:26

I need to vent!!
My mother (slightly useless. money burns a hole in her pockets) signed a contract with a company to replace fascias and guttering to her small bungalow- costing £2k- then changed her mind later. She usually asks for my or DH's opinion on such things, but it didn't come to light until one day after the 14 day cooling off period ended.
I called the company explaining that she was 78, recently widowed and had acted in haste and regretted her decision, and would they cancel the contract as a gesture of good will as it was only 1 day late. They refused (quite rudely).
I emailed them later that day to ask them to reconsider. They did not acknowledge the email, so I called them 5 days later to ask whether they had received it. The man on the phone said "I'll go and check and call you back in 10 mins" An hour later I called him and explained that I had called earlier. He said "yes" followed by a long silence. I asked if he had received the email the week before. He said "Yes". I then had to ask him what his response to that email was. He said that his decision of the week before stood.
When I asked him if he was ever going to reply to or acknowledge the email he said "No, it was an irrelevant question." I said that even though the answer may have been the same it is customary to reply to emails to that effect. I asked if he had ever intended on returning my call and got the same answer. He said I was being rude.
He said that if my mother refused to have the work done he would put the case in the hands of solicitors. The workmen would come anyway.
I know that he is legally within his rights, but has anyone ever heard of goodwill or brand protection or being reasonable? I could not believe his attitude, not even to the refusal to cancel the contract but mostly to the attitude towards my email and phone call.
Am I being unreasonable?

OP posts:
Icimoi · 12/05/2015 17:31

Check the contract and whether it gave her the required notice of her cancellation rights. If it did, I'm afraid she will have to suck it up unless there is any suggestion that she is lacking in legal capacity to manage her own finances - which I'm guessing from your post isn't the case.

Hassled · 12/05/2015 17:34

Name and shame? Twitter?

Suzietastic · 12/05/2015 17:43

local paper?

CloserToFiftyThanTwenty · 12/05/2015 17:46

But - leaving aside his slightly bizarre attitude to you - your DM signed a contract for work, which is what keeps him and his business going, and then for no real reason wants to cancel after the cooking off period. I can see why he won't agree to your request

AuntyMag10 · 12/05/2015 17:51

Local paper? Name and shameConfused
This is what a cooling of period is for. You asked them to reconsider and they wouldn't so not sure why you were hounding them to change their mind.

RagstheInvincible · 12/05/2015 17:54

They've acted properly, not tactfully, I agree, but they have staff to pay and bills to meet and probably need the money so they can't afford to say "yes".

Want2bSupermum · 12/05/2015 17:58

You need to read the contract. Was your mother capable of signing the contract? Did she have the right to sign (ie does she own the home?)? Is she on any medication that would have impacted her judgement resulting in her ability to make decisions impaired?

When getting out of stuff my mother and in-laws sign up for this is the angle I take. It works everytime.

Good luck.

ginmakesitallok · 12/05/2015 17:59

They can't force your mum to have the work done though can they? I can't imagine them getting very far in court. Does the contract mention a cancellation fee at all? If I was your mum I'd write to them clearly cancelling the work, then refuse them access to her property and let them take her to court. When is the work meant to be happening?

londonrach · 12/05/2015 18:04

Talk to cab

firstsecondthird · 12/05/2015 18:04

I am more disappointed by the attitude- arrogant disregard for courtesy of responding to a customer, rather than the fact they won't rescind the contract. He was so rude in the way he spoke to me as well, when I had been polite (when I didn't want to be). If he hadn't changed his mind, all he had to do was reply to my email telling me and that would have been it.
I know they acted within the law- mum deserves it for being daft and it has taught her a lesson so I have not a lot of sympathy, but I was just disappointed by the attitude.

OP posts:
firstsecondthird · 12/05/2015 18:04

I am more disappointed by the attitude- arrogant disregard for courtesy of responding to a customer, rather than the fact they won't rescind the contract. He was so rude in the way he spoke to me as well, when I had been polite (when I didn't want to be). If he hadn't changed his mind, all he had to do was reply to my email telling me and that would have been it.
I know they acted within the law- mum deserves it for being daft and it has taught her a lesson so I have not a lot of sympathy, but I was just disappointed by the attitude.

OP posts:
GraysAnalogy · 12/05/2015 18:05

Their service is shite but they've acted within the law and there's a cooling off period for a reason. It's not a one day after cooling off period. People would always find reasons to cancel, 'she's old, she's young, she's been ill,' etc etc

OrangeVase · 12/05/2015 18:06

Good advice here.
They cannot force her to have the work done.

Make sure that you tell them in writing that you do not give permission for work to be done on the property.
A cancellation payment would be reasonable but they will have incurred no work costs, (other than admin) so would not be able to force her to pay the whole sum.
Did they come to the door? Did they enter her home and sell to her there? does she have capacity to do this.

firstsecondthird · 12/05/2015 18:10

They are coming at 8.30 tomorrow morning ginmakeitallok. I suspect that is why they didn't reply to my email last week, to make sure we didn't have time to do anything.
If mum refuses them access they will got to lawyers and courts I suppose. As they have acted lawfully, if shoddily, I am not sure it is worth the risk of going to court.
The contract only talks about cancelling the contract before the cooling off period ends. I know the company deserves some protection from people changing their mind, but she was prepared to lose her deposit and told them a week ago.

OP posts:
Antiopa12 · 12/05/2015 18:12

Google the company name and see what the experience of other customers have been

firstsecondthird · 12/05/2015 18:14

She has capacity although she IS slightly bonkers so no help there.
She invited them to come and quote as a neighbour recommended them, but she felt intimidated by the salesman (not enough to pursue that angle, I am sure) and signed there and then. She admits she was stupid.
The fact that they wouldn't accept £200 a week ago when nothing had been lost and they could rebook the date for another customer is another thing that bugs me.

OP posts:
firstsecondthird · 12/05/2015 18:15

Interestingly, could not find any reviews, good or bad on the company on Google.

OP posts:
OrangeVase · 12/05/2015 18:15

Also - why did she change her mind? Do the fascias need doing? Are they otherwise a reputable company? If so then it would be easiest to allow it to go ahead.

If the fascias are not reputable and you suspect rogue traders then that is a different thing entirely.

WorraLiberty · 12/05/2015 18:17

Regarding not replying to the email

To be fair, they're not going to want to enter into email discussions/arguments when they're already given their decision.

RagstheInvincible · 12/05/2015 18:17

They cannot force her to have the work done.

Probably not, but I suspect they can still demand payment if she refuses to allow them on her property to do it.

As far as I can see (as a non lawyer) barring a get out in the contract - doubtful - either she has the work done and pays or refuses to have the work done and still pays.

OrangeVase · 12/05/2015 18:19

If the neighbour recommended them then they might not be too bad.

Also if she invited them into her home to quote that's fair enough.

It looks like the law is on their side but they have been unreasonable in enforcing the letter of the law when a cancellation fee could have been paid instead.

YorkieButtonsizeMen · 12/05/2015 18:21

I think they are bluffing in the hope you'll submit.

If they turn up and do the work they are risking not being paid and all the hassle that comes with that (unless they intend to send the heavies round too)

What a horrible bloke Sad Most good companies would be a bit fed up but would cancel for goodwill.

He was an arsehole to you, that's very clear - and I wouldn't want people there who had spoken to me like that.

You must be there if they do turn up, and watch them like a hawk as they may try to do a substandard job out of sheer bloody mindedness.

OrangeVase · 12/05/2015 18:21

If this is the case then you might be as well having done - assuming it needs to be done and you mother does not feel threatened in any way.

Let us know how it goes OP

worridmum · 12/05/2015 18:22

its not just labour costs involved their is the ordering of the materails that have to be factored in and losing buesness that her work slot would of taken up etc so do not be surpised if they do go to court they might get the vast majority of the agreed amount (or more if they can prove loss of earning etc) rather then a small admin fee

I dont want to be the bearer of bad news if they go to court its 99% likely they will win (unless you can prove she wasnt in legal mind to sign the contract which would entail you needing to apply for PoA over her finaical offers)

thats why the cooling of period is in effect for this as to not only protect the customer but also the company? as why should they be out of pocket because someone changes their mind?

it sadly looks like it might be an expensive lesson for your mother as the company is quite well within their rights to the agreed amount as it is not them thats breaking the contract

YorkieButtonsizeMen · 12/05/2015 18:22

Check the contract. The deposit is there for a reason - it should say 'in the event of the customer no longer requiring the work' and what will be forfeited. If it's just the deposit then you're Ok.

Read it now. You might find something.

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