witheld deposit

texolex

Hi All - my dad (77) signed up to have double glazing repairs and paid a deposit (in cash) of £1000 to a fast talking salesman at the start of December. Having slept on the matter, he decided to cancel the agreement the next day. He complied with all the terms and conditions of the contract (cancelled in writing, sent by recorded mail, has a receipt to show documents received and signed for etc.) Has written again since, and has visited the companies premises twice - still no refund. Trading standards now involved - what other actions can I take to help him? I feel it's not time for the county court yet, but want to do more. Are there any goods consumer champion columns in the papers any more? All suggestions welcome - this matter is making my dad ill. Thanks

hollydays

I feel sorry for your Dad ,but luckily he has you to take some of the stress off him.If Trading Standards are involved,I think you have done all you can,apart from name and shame the company now or at some point later.

barvid

I think the courts are going to be a much better option than a consumer column in the local rag.

Darksun

Well, see what Trading Standards say, but I would have thought you'd be within your rights to send a final demand for payment, and if that's not received to initiate legal action through the county court.

Have the company given any reason for why they are not paying out, or have they just been uncommunicative?

The_Pedant

1. Where was the contract actually agreed/signed?

If it was in the house, then under the provisions of the The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008, you have 7 days to cancel most contracts signed in the home.

The salesmen are duty bound to highlight this right to your dad. Did he receive such notification? If not, I think this would put your dad in a much stronger position to enforce any refund.

I believe it is possible to have the cancellation period waived, but I think that again has to be explicitly agreed to, and documented.

I would be inclined to write to them, recorded delivery, pointing out their obligations. Then summarise the date the original cancellation was given, you consider the contract to be cancelled and therefore you require the deposit to be returned. I would then give them 14 days to provide the refund and avoid any further action.

Also contact Trading Standards, who could also maybe give them a nudge, and remind them that they may be in the wrong, as well as to confirm your dad's position.

If they don't reply to that then you can consider your next steps.
Is it a big company? Any idea if they're having cashflow issues?

texolex

Darksun wrote: »

Well, see what Trading Standards say, but I would have thought you'd be within your rights to send a final demand for payment, and if that's not received to initiate legal action through the county court.

Have the company given any reason for why they are not paying out, or have they just been uncommunicative?

Thanks for the advice - the company have agreed that my Dad should get his deposit back and have promised to send to him............but just don't

texolex

Thanks TP - agreement was signed in my Dads house - his signed cancellation was in the hands of the company within 7 days (we have recorded delivery receipt confirming this). We've written again, given deadlines for payment etc - ignored. The company only considered refunding cash when we made a personal visit to their offices - at the second visit they verbally confirmed my Dad was due a refund......but then failed to send to him. It's not much fun visiting their office -they aren't very nice people....Thus we have now involved Trading Standards.......but my feeling is this will probably end up in court. They are not a big company....there may be cashflow issues.....our worry is that they may go under before my Dad gets his money back.

hollydays

Your poor Dad.I think realistically,you cant get blood out of a stone,but I hope you get it before they fold.

RadoJo

If you are concerned about the state of the company's finances, I would have thought that moving swiftly with regard to pursuing them would be for the best. Had they explained to you that they had problems and given you a timescale for the return of the money, then a little sympathy and leeway would be appropriate, but as they seem to be trying to avoid the issue, it seems you will need to stop giving them the benefit of the doubt and get yourself officially recognised as a creditor.

texolex

RadoJo wrote: »

If you are concerned about the state of the company's finances, I would have thought that moving swiftly with regard to pursuing them would be for the best. Had they explained to you that they had problems and given you a timescale for the return of the money, then a little sympathy and leeway would be appropriate, but as they seem to be trying to avoid the issue, it seems you will need to stop giving them the benefit of the doubt and get yourself officially recognised as a creditor.

Thanks Radjo - "get yourself officially recognised as a creditor" - how do we do this? Starting a court action? Thanks again