Credit Agreement

[bluetoon]

hi just came back from holiday to find my uncle who is 80yrs old has purchased a new mobility scooter. he is unaware of how much this is going to cost him.initially he told me it was £1000 over 12 months but checking his credit agreement it is £2000 plus £500 interest over 24months as he cannot afford this is there any way we can cancel the agreement. he got£700 trade for his old scooter plus he had to pay £350 cash deposit. I went to the shop yesterday to see if as gesture of goodwill they would revert back to pre contract they said they would contact head office and let me know. so far no reply. he has also been charged vat on this purchase checking on purchase no vat should have been payed as he is registerd disabled. is there any way he can cancel this agreement thanks

[Barmaid]

Where and when did he sign the agreement? If he signed it at home, he will have cancellation rights under the Distance Selling regs.

[boxtops]

You'd need to look at the small print, but it depends whether (I believe) he did it in person or over the phone/on-line - there should be a statutory 14-day cooling-off period on any contract like this. What date did he sign the contract? The shop must have given him something which showed the total cost, they must do that, that's what should be on the contract he would have signed.

[bluetoon]

it appears he signed in the shop. on 7th sept. yes he has got credit agreement that's when I found out how much he had to pay. but no deduction of original price for vat which appears he should not be paying. that would be in the region of£600 on his £3000 purchase

[Peter Pedant]

Follow Barmaids advice
otherwise - scoot (hah) down to your local CAB - like today
and ask them

They are VERY good on credit agreements

I think you have a 14 d cooling off period - but quig ! 7 + 14 = 21 so it gonna run out soon ! that is if you have one

[Buenchico]

The Distance Selling Regulations (referred to by Barmaid) ceased to have effect three months ago. They've now been replaced by the Consumer Contracts Regulations, which are explained in detail here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

As has been indicated though, the place where the contract was signed is still of importance.

The shop was correct in charging VAT unless your uncle provided them with a written declaration that he qualifies for VAT exemption. (However most firms that specialise in providing equipment for disabled people would normally provide their customers with the relevant paperwork, so that's something that you might want to query):
http://www.hmrc.gov.uk/vat/sectors/consumers/disabled.htm

[bluetoon]

yes checking online like you say most mobility providers issue you with a vat excemption form this was not done in this instance.shall ask about that when I go back to shop.

[VHG]

Sadly some of these sales people who sell to the elderly population are nothing less than con artists.

My wife's mother rang up about one of these chairs that raise up as you stand up to help you get out the chair.

The salesman came and he had a bunch of flowers and a box of chocolates and said the people on the phone had said how nice she had sounded so he had brought her these presents (scheming b*stard)

He then sold her the top priced chair, with a loan at some extravagant interest rate, AND got her to pay extra insurance in case she died before the loan would be paid off.

Cant remember the exact figure but it was about £2,500 in all.

Luckily my wife was at her mothers when they rang to ask about delivery so she was able to cancel the order.

Some of these sales people are nothing better than people who mug old ladies in the street. I am not sure how some of them sleep at night.

[bluetoon]

yes thinking the same myself all they seem to want is a sale at at any cost. still no phone call from manager of shop so will have to go and see them this afternoon. see them at 9 30 yesterday morning said they would call us and let us know whathead office said. had to phone them at 4 30 yesterday as I had no call.said manager not there at moment but would get her to call when she came back now 11 00 still no call.

[Peter Pedant]

If the shop is less than understanding

I would fit in a visit to trading standards - and make the point that your dad is a vulnerable customer and so YES DOES need more protection.....