I contacted Suburban Carpets in response to an ad in the newspaper for carpet installation for $389.00. A salesperson by the name of Jeannie came to my home in April and quoted me approximately $2300.00 for three bedrooms, hallway, and runner for stairs.
The very next day, I cancelled the contract verbally with Jeannie in response to a number of issues, one pertaining to a family health issue, and secondly, that she had called me telling me she wanted a deposit. We clearly discussed that I would not be forthcoming with a deposit as we were applying for credit to do the installation (we did receive such credit) and that I was not comfortable giving money to her until we received the product. The contract stated the date of installation as "Customer to call", and when she called me the next day after visiting my home, I informed her then that we were cancelling as the installation date would be in the later part of 2008 considering our new circumstances.
I was considering contacting them in the fall to do the installation, but did not want to be held to a contract for a future performance where the performance of the contract was so far into the future. I also was not overly comfortable with the business practices any longer considering that the reason for Jeannie's phonecall was very clearly addressed when she was at my home the day before. I wanted to reconsider, and with our personal circumstances changing coupled with her phone call demanding a deposit, that desire to reconsider became paramount.
Under the Consumer Protection Act, a consumer may cancel for any reason within 10 days. I was clearly within such cooling off period, and there is no requirement under the Act to do so in writing (although it is preferrable considering my new situation with this unprofessional company).
One month later, Jeannie called me and asked me when we were getting this carpet installed. I told her that we had already discussed that the contract was cancelled, and that I was not firm on any dates when I would be considering carpet installation, and she informed me that I would not be getting my deposit back. I asked her which deposit she was speaking of since, once again, we had discussed this and that there was no deposit given. She told me that one was put on the credit I had applied for, and I told her it had not been, and that I had not authorized such a transaction. I confirmed this after getting off the phone with Jeannie, and no deposit was given. I re-iterated to her that I had cancelled the contract with her the very next day when I told her we would not be going forward with the installation. I told her we were seriously considering getting the carpets installed in the fall. She said to me to give her a call when we were ready to push forward.
Fast forward to last Friday, I received a letter demanding a restocking fee of roughly $647.00, as, apparently, the carpet ordered was not a stocked item, and according to the contract I was to pay a 30% re-stocking fee. I contacted Suburban Carpets, clearly fed up with the unprofessionalism and what I deem as harassment for my business, and told them what had happened. I subsequently received a voicemail from an individual named Scott Newman, telling me that at no time did anyone cancel the contract and that he would be pushing forth with collections.
I will absolutely not be paying for a restocking fee considering that I am in full compliance with the CPA. Consumers are protected from such practices and I will be informing Equifax and Transunion that such a claim may be forthcoming, and that I am disputing it. I will not be comfortable with having this company in my home in light of all that has transpired. I am very reluctant to do business with them considering the level of miscommunication. I find it dubious at best that a restocking fee is being demanded and claims that I had not cancelled when I have are being thrown.
Please beware of this company, and if you do decide to cancel an agreement with them, cover your butt and make it a written one.
Michelle
Hamilton, Ontario
Canada
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