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  • FIRST POST
    • jason24
    • By jason24 3rd Oct 17, 1:59 PM
    • 7Posts
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    jason24
    Deposit Refunded for fitted wardrobes
    • #1
    • 3rd Oct 17, 1:59 PM
    Deposit Refunded for fitted wardrobes 3rd Oct 17 at 1:59 PM
    Hi

    Apologies if something similar has already been posted.
    My wife and I had a designer visit us at home on the 24th of the month to design a fitted wardrobe, we agreed with the design at the time and was asked to pay a 20% deposit of close to £3000 pounds. We had to sign a contractor to acknowledge that we were happy with the design. Following the designers visit, we had a follow up visit 3 days later (27th of the month) by their surveyor who confirmed the design, which we had to sign again.
    After my wife and I got over the sales pitch and actually went through the design and measured the designs against the space, we realised that we were loosing storage space.
    I contacted the company on the 29th of the same month, to say that I wanted to cancel the order and wanted a full refund of the deposit. As explained to us by the initial designer the wardrobes do not go into production until the 2nd installment was paid, hence we thought we would have time to cancel the order in time to get a full refund. I could not speak to someone about this until the 02nd of the following month. To which i was told that I cannot get a refund , although the lady I spoke to confirmed that the company had not started making the wardrobes , she could not refund the money as I signed the contract. She mentioned that she has put the order on stop and will not refund the money.
    Is there anyway I can get the deposit refunded, in my opinion I am paying £565.00 for the pleasure of signing on a piece of paper with nothing to show, no services rendered. She also mentioned that I am paying for the designers time, which I mentioned to her that this was advertised as a free design visit.
    Can anyone offer some advise on how or if I can get my deposit refunded ??
Page 1
    • jason24
    • By jason24 3rd Oct 17, 2:03 PM
    • 7 Posts
    • 1 Thanks
    jason24
    • #2
    • 3rd Oct 17, 2:03 PM
    • #2
    • 3rd Oct 17, 2:03 PM
    P.S The lady I spoke to said. If I was unhappy with her decision then I can appeal her decision in a formal written letter.

    Thanks for any advice
    Last edited by jason24; 03-10-2017 at 2:07 PM.
    • bris
    • By bris 3rd Oct 17, 2:39 PM
    • 7,086 Posts
    • 6,103 Thanks
    bris
    • #3
    • 3rd Oct 17, 2:39 PM
    • #3
    • 3rd Oct 17, 2:39 PM
    They will be using the service has started clause by you agreeing to the second visit. This is where it gets tricky where cancellation is concerned.


    You do have the rights to cancel after the first visit free of charge but when subsequent visits are concerned they use this as you agreeing to the service starting.


    Whilst you can still cancel they will now have a clause in the contract charging you for the second design stage. You need to read the contract carefully to see your rights.


    If you can post up the contract somehow there are people who can decipher it and let you know your options.
    • jason24
    • By jason24 3rd Oct 17, 3:00 PM
    • 7 Posts
    • 1 Thanks
    jason24
    • #4
    • 3rd Oct 17, 3:00 PM
    • #4
    • 3rd Oct 17, 3:00 PM
    bris,
    thanks for your reply. I read their terms and conditions, please see an excerpt below which refers to cancellations

    "Changes to the order after survey, if we agree to make at your request, will result in a charge of
    £150 for administration plus cost of the goods involved and possibly a delay in the planned fit date


    8. As this agreement concerns the supply of goods which are made to your specification or are
    clearly personalised, you have no right to cancel under the Consumer Contracts (Information,
    Cancellation & Additional Charges) Regulations 2013.


    " 9. If you ask to cancel the contract we will consider agreeing, but we estimate that we will incur the
    following costs, and cancellation shall be subject to you paying the following charges within 7 days of
    us notifying you of the accepted cancellation;
    i) if we have started manufacturing the goods, 50% of the contract price;
    ii) if we have completed manufacture of the goods, 75% of the contract price;
    iii) any sum remaining unpaid after the date it became due will attract interest at a rate of 3% above
    the base rate of National Westminster Bank plc "




    The lady I spoke to, confirmed that the company has not started production of the wardrobes. So I am a bit confused to why I cannot get a full refund of the deposit. Also I have reviewed the contract and there is nothing to say about a charge/cancellation fee for the second survey .
    The first thing I did was read the contract on cancelling before I called the company and the only thing it states is that you get a certain percentage back depending on the stage of manufacture and as they have confirmed that they haven't started manufacturing the wardrobes then surely I should get the deposit refunded.
    Last edited by jason24; 03-10-2017 at 3:03 PM.
    • DoaM
    • By DoaM 3rd Oct 17, 3:18 PM
    • 3,565 Posts
    • 3,613 Thanks
    DoaM
    • #5
    • 3rd Oct 17, 3:18 PM
    • #5
    • 3rd Oct 17, 3:18 PM
    What does it say about cancellation rights in respect of orders placed on the consumer's premises?

    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (which supersedes The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008). See part 3.
    Diary of a madman
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    • jason24
    • By jason24 3rd Oct 17, 3:47 PM
    • 7 Posts
    • 1 Thanks
    jason24
    • #6
    • 3rd Oct 17, 3:47 PM
    • #6
    • 3rd Oct 17, 3:47 PM
    The terms and conditions that were given to me make no mention of cancellation rights other than what I posted in my previous post.
    The lady was very adamant that I cannot receive a refund as I have already signed the contract, and this was her sole reason for not refunding the deposit.

    I am just so upset and not very impressed with their customer service .
    • pinkshoes
    • By pinkshoes 3rd Oct 17, 4:26 PM
    • 15,377 Posts
    • 20,965 Thanks
    pinkshoes
    • #7
    • 3rd Oct 17, 4:26 PM
    • #7
    • 3rd Oct 17, 4:26 PM
    They are entitled to deduct admin fees and any costs occurred e.g. Second visit to finalise design.

    Why did you sign twice agreeing to the design if you had not had chance to go through it properly?

    How is it going to cause you to lose space if you got them to design something to go into a specific space?

    Can they not just modify the design?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • DoaM
    • By DoaM 3rd Oct 17, 4:26 PM
    • 3,565 Posts
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    DoaM
    • #8
    • 3rd Oct 17, 4:26 PM
    • #8
    • 3rd Oct 17, 4:26 PM
    See sections 10, 12, 17 and 19. If they haven't provided the relevant notification then they've committed a criminal offence subject on conviction to a level 5 fine. Might be worth pointing this out to them.

    (Trading Standards would have to bring the prosecution).
    Diary of a madman
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    • jason24
    • By jason24 3rd Oct 17, 8:19 PM
    • 7 Posts
    • 1 Thanks
    jason24
    • #9
    • 3rd Oct 17, 8:19 PM
    • #9
    • 3rd Oct 17, 8:19 PM
    Hi Doam

    Thanks for your response.

    They did provide with the relevant contract details.

    But under the Consumer Contracts Reg 2013, I cannot cancel/ get my deposit refunded as "The supply of goods that are made to the consumerís specifications or are clearly personalised".. Fair Enough, I get that ...

    But they admitted that they have not started manufacturing the goods/wardrobes. So surely I should still be entitled to a refund ???
    • jason24
    • By jason24 3rd Oct 17, 8:25 PM
    • 7 Posts
    • 1 Thanks
    jason24
    Hi Pinkshoes,

    In hindsight we should have never signed the contract, until fully satisfied with the measurements.

    I did ask the designer to give me some time to think about it and he said that the offer was not available after he left my house. ( felt a bit pressured , poor excuse, I know). Unlike the other company who came out to do a design, gave us a week to consider.

    But the company didn't even say/offer to give me some/half of the deposit back. Yes I signed the contract but no service has been provided apart from their design, which is advertised as free.
    • Keep pedalling
    • By Keep pedalling 3rd Oct 17, 11:15 PM
    • 4,058 Posts
    • 4,423 Thanks
    Keep pedalling
    Hi Pinkshoes,

    In hindsight we should have never signed the contract, until fully satisfied with the measurements.

    I did ask the designer to give me some time to think about it and he said that the offer was not available after he left my house. ( felt a bit pressured , poor excuse, I know). Unlike the other company who came out to do a design, gave us a week to consider.

    But the company didn't even say/offer to give me some/half of the deposit back. Yes I signed the contract but no service has been provided apart from their design, which is advertised as free.
    Originally posted by jason24
    For designer read salesman, the old offer is only while I am on site BS, means they know they will not get an order because once you have had other quotes you will realise they are over priced rip off merchants paying large commissions to their "designers"
    • DoaM
    • By DoaM 4th Oct 17, 8:51 AM
    • 3,565 Posts
    • 3,613 Thanks
    DoaM
    Hi Doam

    Thanks for your response.

    They did provide with the relevant contract details.

    But under the Consumer Contracts Reg 2013, I cannot cancel/ get my deposit refunded as "The supply of goods that are made to the consumerís specifications or are clearly personalised".. Fair Enough, I get that ...

    But they admitted that they have not started manufacturing the goods/wardrobes. So surely I should still be entitled to a refund ???
    Originally posted by jason24
    I didn't say contract details, I said cancellation details. The regs also talk about contracts made in the home ... these automatically have a "cooling off" period unless the consumer signs to waive this right ... regardless of whether the goods are personalised or not.

    Failure to provide the correct cancellation details is a criminal act and may effectively nullify the contract. (That's the angle I'd be approaching this from).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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