Getting deposit back for goods?

Scrubs90

Hello,
Briefly, I put an order in for some furniture to be made in December, paying a '50% deposit to secure the booking for the new year'.
The new year came and I went down to finalise the requirements. They messed me about on the first day by being out when I was due to go and this should have been the first warning sign.
We finalised everything and throughout conversations it was stressed that I was short of time due to a house move (when the furniture would be needed).
The first deadline I was given by the company was for a week after we finalised the details. 8 days after this I recieved an email saying they couldn't get the materials I had chosen so I would have to choose new materials. This then required another few days to get samples and pick.
Long story short after a number of missed deadlines with still nothing to show for it, I recieved a rather terse email saying what is my problem, the order will be done so what's the issue.
At this point, a month after the 'final' meeting, nothing had been started, let alone finished. So, along with this and the attitude of the company, I cancelled my order.
I now need to know where I stand regarding the deposit, given I have recieved nothing, nothing has been built (therefore they have not lost) and I've now missed the deadline I needed things by.
Thanks in advance.

wealdroam

This post may help:

Is a deposit ever refundable?

unholyangel

When were the goods to be delivered by?

If they are seeking to change the terms of the contract then they should be allowing you to cancel penalty free as an alternative (ie receive refund of all prepayments).

What do you have in writing? Was it on your original invoice that the delivery date was to be for a certain date?

Scrubs90

unholyangel wrote: »

When were the goods to be delivered by?

If they are seeking to change the terms of the contract then they should be allowing you to cancel penalty free as an alternative (ie receive refund of all prepayments).

What do you have in writing? Was it on your original invoice that the delivery date was to be for a certain date?

On the 18th January, I was given a date of the end of the following week. So at the latest 30th Jan. Then after that was missed (due to not getting the material) on 7th Feb, by the end of the week. Two weeks after that deadline I still hadn't heard anything so rang and nothing had been built.
Everything over email, original email just stated the deposit and a 'a week and a half turnaround time'.

timbstoke

In which case, you now write to them advising them that, as they failed to deliver on the contract multiple times (point out both the date slippages and the change of fabric), that they are not entitled to retain your deposit and you look forward to receiving it back within 14 days. If that doesn't work, follow up with a Letter Before Action making basically the same points slightly more firmly, and if you still get no joy, then raise a claim through Moneyclaim online. Keep notes of dates of everything you have, and every letter you send.

Technically, you can go directly to the letter before action, but if you're not desperate for the money, it's always better to try and appear as reasonable as possible.

maninthestreet

I think the key phrase to use is 'Time is now the essence of the contract'...