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Cancelling a Conservatory build order

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We signed a contract and paid a deposit to buy a conservatory a few months ago. Within days of signing however my husband lost his job, we put the order on hold and hoped we could resume. However 6 months later things have got even worse for us and we can no no longer afford to carry out the work.
We have asked to cancel our order and have our deposit refunded minus any admin charges but the company says if we cancel we lose our deposit.
We appreciate legally they have a right to say no, but no work has been carried out on site, the conservatory has not been made, does anyone have any advice on this for us, do we have a leg to stand on in this case? Is it worth trying to take it further? Thanks! :confused:

Comments

  • foxwales
    foxwales Posts: 590 Forumite
    Unfortunately you have signed a contract, if you did not cancel the contract within the specified cancellation period then the company is within it's right to keep your deposit, unless stated otherwise in your contract.

    As 6 months or so have passed, it is unlikely that you will get any money back from this so honestly, it's not worth pursuing.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where did you sign the contract and did you attempt to cancel it within days of signing? If you did try ,why didn't you succeed?
  • Halloway
    Halloway Posts: 1,612 Forumite
    edited 23 July 2009 at 3:00PM
    You've lost your deposit.

    In future, don't buy things you can't afford.

    School holidays have started, I see.
  • Thank you to those of you that responded with helpful comments and stating what we kind of already knew. We had a tiny hope that someone may offer an instance or loophole where we might be able to get our deposit or at least some of it back. Many people in this last year have found themselves in drastically altered circumstances, lets hope for betters times ahead...
  • Thank you to those of you that responded with helpful comments and stating what we kind of already knew. We had a tiny hope that someone may offer an instance or loophole where we might be able to get our deposit or at least some of it back. Many people in this last year have found themselves in drastically altered circumstances, lets hope for betters times ahead...
  • Tozer
    Tozer Posts: 3,518 Forumite
    Couple of questions:

    1. Does the contract refer to cancellation?

    2. Is this a national company?

    3. How much is the deposit?
  • To retain the deposit the company need to show it represents their actual losses from your breach of contract.

    Write to them asking them to quantify their losses relating to the amount of the deposit.

    If they cant'/don't make it clear you will pursue them through the small claims for deposit/balance minus losses and court costs.
  • Tozer
    Tozer Posts: 3,518 Forumite
    To retain the deposit the company need to show it represents their actual losses from your breach of contract.

    Write to them asking them to quantify their losses relating to the amount of the deposit.

    If they cant'/don't make it clear you will pursue them through the small claims for deposit/balance minus losses and court costs.

    You've changed your tune...

    Wonder where you got that advice from.;)
This discussion has been closed.
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