Rock Solid Kitchens

I think you're covered, depending on when the sale took place, legislaation changed in your favour in October. If it was before then, you may need to take advice.

Highland Trading Standards Scotland - Welcome new doorstep selling rules! at Inverness Crime Prevention Panel

Hi,

You are covered by the new Doorstep Selling legislation that came into force on 1/10/2008. Did they give you notice of your right to cancel?

The Seller’s Obligations

With any contract or sale made in this way, you must be sure you have been presented with clear written notice of your 7 day right to cancel, at or before the time the contract is made. If you have not, the contract is legally unenforceable, even if a deposit has been paid. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise you on how and to whom a notice of cancellation is to be made. Any related credit agreements will also be cancelled.

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I've never heard of this company so I checked out their website and I have to be a little suspicious of a company who sells £5k kitchens for £300!!

I suspect one of two things here:

i) they're trying to frighten you into paying, don't know how much money is involved but it's pretty cheap to issue a claim in the small claims court and often receipt of a summons is enough to frighten anyone into paying, especially with the risk of a CCJ - you are in the right here, they have no case, do not be bullied by this situation!!!

ii) They don't have a clue about the law and think they have case - they don't.

with the court forms there should be a form for you to submit your intention to defend the claim, you need to complete this, you then have 28 days to submit your defence, this gives you time to get your defence together at which point they will probably withdraw their claim.

From what you have already said, you need only one defence or reason for cancelling, the doorstep selling legislation, in this respect it is your right to cancel, regardless of your reasons.

There is no MCOL in Scotland but this claim will have been issued in England, MCOL cases go through Northampton County Court, tbh I'm not sure of the procedure when the defendant is in Scotland but if no-one else on here knows, I'll find out for you.

If I remember correctly, you can notify of your intention to defend online, which I would advise you do while we sort out other queries, purely because if you do not defend, the case will be automatically awarded to the claimant.

I know the Scottish small claims is quite different from engish so that may throw another spanner in the works for them but that will have to be clarified first.

I assume the bank will give you confirmation of the date you cancelled the cheque, do you have a copy of the cancellation letter you wrote to the company and/or proof of postage?

I too am not sure about the procedure when the claimant is in England and the defendant in Scotland, or whether it is the correct mechanism to use to make a claim. Go through the process they have no case and it sounds like they didn't properly inform you of you cancellation rights.

Tony

This quote and link to the MCOL website clears the first point up;

Other Conditions:

*

• your claim must be for a fixed amount of money which is less than £100,000 including court fees and any solicitors' costs';
• our claim is against no more than two people;
• your address for service must be within England and Wales
• the address of the person(s) you are suing is within England and Wales; and
• you have a valid credit or debit card.

If you think you qualify for a fee remission or exemption you cannot use MCOL.

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It appears they really don't know what they are doing so you just need to go ahead, we can work on the actual details of the defence but in the mean time you need to get some local advice (perhaps from your sherrifs court or local citizens advice) but as i said before, don't ignore the MCOL just incase, it can't do any harm to respond and at least this gives you a bit of extra time to make your enquiries.

It is always worth doing a Google for any company as you did- rock solid kitchens - Google Search

This guy is in the press all the time here in Bolton and seems to be linked to Rock Solid Kitchens:

Notorious kitchen conman vance miller escapes jail - Investigations

I think this guy is quite a TV star, haven't I seen him on Watchdog numerous times?

Looks like you've had a lucky escape with this one but I'm very surprised a bloke who has spent so much time in English courts doesn't know the legal system

Interesting - so their claim appears to be completely invalid. I have checked the Scottish Sheriff Court site and it states,

"In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against (the defender) lives or has a place of business."

So it looks as if not only do they not have a case, but they have raised the action in the wrong country. Presumably when the completed documentation is read by someone at Money Claim Online, the company will be told the claim is invalid?

I agree that it's still worth your while responding though, both pointing out that their claim is invalid and that you are covered by the relevant consumer law.

Good luck.

Just after a progress check on this one.

From what I remember about MCOL you have 2 choices for submitting defence, one is a button to say you will defend but will submit your defence later and another text box to submit your defence at the time. Once you have completed this text box, you have no option to add or amend your submission and obviously this needs some thought to ensure all the legallities and arguments are covered.

If you need any help - give us a shout although I think you're pretty safe with the 2 arguments we have already figured, i.e. the case isn't valid in Scotland and your cooling off period.

I am on the way out, but can look later. To be honest though I don't think you have much to worry about due to the issue with jurisdiction.

Tony

Just saw this, might be worth giving them a ring tomorrow. Got PM will look later.

Warrington Trading Standards - Consumer Alert Network
Promoting fair & safe trading,protecting you
24 September 2008

Warning about: Rock Solid Kitchens

Background

It has been brought to the attention of Trading Standards that a company named
Rock Solid Kitchens has emerged as a firm operated by Alan George Ford of
Rochdale Road, Shaw.

Mr Ford is currently on conditional bail awaiting trial for conspiracy to defraud,
conspiracy to apply false descriptions to goods and supplying goods to which
false trade descriptions has been applied.

Since those charges, which relate to activities under other trading names, the
Trading Standards Service has started to receive complaints about a firm called
Rock Solid Kitchens operating from various addresses in the Oldham area.

Anyone with any enquiries or complaints about this firm is urged to contact us on: 08454 04 05 06

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I'll be online on and off for the next hour or so - if you send it through I'll have a look.

Another Mug

Hi - I had a visit from Rock Solid Kitchens who seemed very good and I placed my order and payed the 100.00 deposit. However, will watching tv later in the evening doubts started to cross my mind so the next day I googled them and was horrified to see the amount of storys posted on the web. Well I felt sick and immediately phoned them to cancel my order, I also called Trading Standards who said not to cancel my cheque as this would be breach of contract. Rock Solid told me that I had to cancel by written letter which I have done sending by recorded post stating that I wish to use my '7 day cooling off period.

So now have to wait and see what happens next - I dont expect to see my deposit returned that would be a miracle - need to chalk up to experience and move on I guess - will keep ya posted