Cancelled an order, threatened with court action

Royale_Knight

wealdroam wrote: »

Yes, and I did ask for some sort of timescale in post #2.

Why is that relevant?

Dates were included in post 7. Let me know if i have missed something

Royale_Knight

Just to reiterate the contract (if handing over a deposit is classed as a contract) was broken because the shop would not let me make the rest of the payment to the fitters once the job was done. I had the intention of paying the day before but circumstances made this impossible. I would expect a small claims court would look more favourably towards me with this being the case than if had broke the contract because i discovered i could get the job cheaper somewhere else or simply changed my mind.

wealdroam

Royale_Knight wrote: »

Just to reiterate the contract (if handing over a deposit is classed as a contract) was broken because the shop would not let me make the rest of the payment to the fitters once the job was done.

Yes, a contract was in place when you handed of the deposit, thus indicating that you agreed terms with the seller.

In my humble opinion, the contract was broken by you when you notified them that you would be unable to make the payment as previously agreed. You stated earlier that (when talking about that phone call) "she was very hard nosed and would not compromise on the situation".
The lady offered a compromise by offering to take payment over the phone.

Royale_Knight wrote: »

I had the intention of paying the day before but circumstances made this impossible.

With respect, your change of circumstances do not mean that you are allowed to change the terms of the agreement.

Royale_Knight wrote: »

I would expect a small claims court would look more favourably towards me with this being the case than if had broke the contract because i discovered i could get the job cheaper somewhere else or simply changed my mind.

I wouldn't, but then, you opinion is just as valid as mine.


With regards to different rules for sales made in the home, you might like to read CAB's Advice Guide on the subject:
http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_on_the_doorstep_e.htm

In particular, cancelling within the cooling-off period:
http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_on_the_doorstep_e/consumer_cancelling_a_doorstep_sale_e/doorstep_sales_-_where_you_agree_to_start_the_contract_early.htm

ValHaller

Royale_Knight wrote: »

Just to reiterate the contract (if handing over a deposit is classed as a contract) was broken because the shop would not let me make the rest of the payment to the fitters once the job was done. I had the intention of paying the day before but circumstances made this impossible. I would expect a small claims court would look more favourably towards me with this being the case than if had broke the contract because i discovered i could get the job cheaper somewhere else or simply changed my mind.

The contract was broken because you said you want to cancel.

Royale_Knight wrote: »

I offered to pay the fitters when they were due but she flatly refused this so i said i want to cancel the order.

Those words will cost you. What you should have done was left your offer on the table, said you are open to other ideas and let the shop cancel on you. At which point, your case would be loads stronger.