rights to a deposit refund

stevek54

Hi
i agreed to buy a new kitchen before Christmas and i am still waiting to hear from the.seller as to the final design and fitting date despite calls to them chasing this.my question is can i ask for my deposit back cancel and go somewhere else?

Hintza

stevek54 wrote: »

Hi
i agreed to buy a new kitchen before Christmas and i am still waiting to hear from the.seller as to the final design and fitting date despite calls to them chasing this.my question is can i ask for my deposit back cancel and go somewhere else?

Just before Christmas? We are only in the second week in January and the building trade normaly takes a fortnight off at Christmas so I think you are being a little harsh.

Having said that I would be down to the showroom PDQ finding out what the story is. Write them a letter asking them to contact you within 7 days to finalise fittig etc.

I hope you paid on CC (just in case they have gone under)

Flyboy152

stevek54 wrote: »

Hi
i agreed to buy a new kitchen before Christmas and i am still waiting to hear from the.seller as to the final design and fitting date despite calls to them chasing this.my question is can i ask for my deposit back cancel and go somewhere else?

You can claim your deposit back. The seller can only retain any proveable losses they have incurred in cancelling your contract.

vicmorrow

Flyboy152 wrote: »

You can claim your deposit back. The seller can only retain any proveable losses they have incurred in cancelling your contract.

Please provide evidence/proof of that?

wealdroam

vicmorrow wrote: »

Please provide evidence/proof of that?

For your answer you could start by reading the thread entitled
READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

In particular, post #16 explains all and contains a link to an OFT document that will help further.

vicmorrow

wealdroam wrote: »

For your answer you could start by reading the thread entitled
READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

In particular, post #16 explains all and contains a link to an OFT document that will help further.

Is a deposit ever refundable?

Like most consumer rights this is not a black and white answer.

...yes?

'You can' is not 'you may'

wealdroam

vicmorrow wrote: »

Is a deposit ever refundable?

Like most consumer rights this is not a black and white answer.

...yes?

'You can' is not 'you may'

As you will have read, a deposit is refundable unless it can be shown to be a genuine pre-estimate of costs incurred.

Like most consumer rights, it is intending to demonstrate fairness.

...no?

unholyangel

vicmorrow wrote: »

Is a deposit ever refundable?

Like most consumer rights this is not a black and white answer.

...yes?

'You can' is not 'you may'

Well, technically flyboy is right. You can "claim" it back.....they just might not give it either partially or in whole :rotfl: After all, I can claim I'm next in line to the throne....doesnt make it real unfortunately (or should that be fortunately?)


As for the OP, what timeline was agreed? Or was no timeline agreed?

BJV

Do you still want them to fit the kitchen or do you really just want to cancel?:A

stevek54

Thanks for the replies. They have been very helpful.

To give you a bit more information. We went to a kichen showroom about 6 weeks ago to see a design they had done for us. We liked it and asked to think about it before committing. The sales person said the sales price was only available for decisions that day and we had to pay a deposit to secure it. What if we wait and decide in a day or two? we asked. The sale is now for fitting before Christmas, and we only have one installation time left. Against our usual way of procrastinating we agreed and paid a deposit to get the kitchen before Christmas.

Two days later we contacted them and said we might not be ready to install the kitchen on the agreed date as we were having some other work done which we thought would be done before the time came for the kitchen install. The sales person agreed to our delay until after Christmas because he said it helped him out as he had already promised our installation date to another customer!

Last week I rang the firm to ask to meet to finalise the kitchen design (we wanted a small change) and install date. The guy was a bit vague, didn't seem to know who I was at first. I asked if we could meet him to discuss things and he said he would ring me back - but couldn't until Thursday afternoon (yesterday). He didn't ring and hasn't rung today. This is annoying as they have had our deposit for about 6 weeks and now they aren't being very helpful. So I suppose as one poster said we probably want to cancel because we are unhappy with the service and don't trust them now to deliver or fit a nice kitchen. This may be an over reaction by us, but you know when you are being treated well and when you aren't. We would like to get our deposit back and go somewhere else, somewhere where the customer service will be better.

I hope this fills out the picture a bit.

unholyangel

Write to them.

Try to keep it as simple and straight forward as possible. State your complaint, what you want them to do to fix it. Also state you are making time of the essence and give them a reasonable deadline.

This will either get their attention or prepare the groundwork for the cancellation.