Deposit paid for loft conversion

penguin22

Can anyone advise with this? I approached a company about a loft conversion a couple of months ago, I was visited by the Director who gave me a quote and agreed verbally when the works would start and paid a £200 deposit. I subsequently found some poor reviews of the company online, was advised that the quote was very expensive, and had concerns about using this company. I contacted the Director to advise that I wanted more time to make a decision and I would like my deposit returned, he said it didn't work like that and I had 7 days to make a decision after paying the deposit. I then had a call from his company's HQ trying their best to persuade me into progressing with the job but I stuck to my guns and said I wasn't ready to make a decision at this time. I have a receipt for the £200 paid but on no documentation is there any mention of a 7 day cooling off period. I haven't signed anything or received any contract or payment plan. Can anyone advise about whether I'm entitled to have my deposit back ? Thanks in advance !

shaun_from_Africa

By law, the trader is required to give written notice of the 7 day cooling off period. A verbal statement is not good enough.
A recorded delivery letter to the director or the company pointing this out and asking for a full refund should be your next step.

http://www.oxfordshire.gov.uk/cms/sites/default/files/folders/documents/business/tradingstandards/CancellationofcontractsmadeataConsumersHomeLeaflet.pdf

A TRADER IS GUILTY OF A CRIMINAL OFFENCE IF HE ENTERS INTO A CONTRACT TO WHICH THESE REGULATIONS APPLY, BUT FAILS TO GIVE THE CONSUMER A NOTICE OF RIGHT TO CANCEL. THIS INCLUDES FAILING TO GIVE A NOTICE CONTAINING ALL THE INFORMATION REQUIRED AND/OR NOT GIVING IT IN THE PRESCRIBED WAY.

THE MAXIMUM PENALTY ON CONVICTION IN A MAGISTRATES’ COURT IS A FINE OF £2,500.

harrys_dad

Does the cooling off period apply if the OP initiated the contact and invited the firm's representative into their home, rather than being cold called or doorstepped?

wealdroam

harrys_dad wrote: »

Does the cooling off period apply if the OP initiated the contact and invited the firm's representative into their home, rather than being cold called or doorstepped?

Yes. The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 apply.

OP, as mentioned above, Regulation 7 is significant.
Note the last paragraph:

(6) A contract to which these Regulations apply shall not be enforceable against the consumer unless the trader has given the consumer a notice of the right to cancel and the information required in accordance with this regulation.