Can I get my deposit back on Log Cabin?

littlebranshill

I ordered a log cabin from a local company and paid £2500 as a deposit (half of the total cost). There was a six week waiting period as the cabin came from abroad. About a month later I had to cancel the order as the Council would not allow me to site the cabin. I phoned the company and they agreed verbally to return my deposit less £100 admin fee when they have resold the cabin that I ordered. That was 3 months ago and I keep ringing them but they insist that they have not resold the cabin. Do I have any rights at all or am I stuffed and loose my £2,500????:(

bris

You don't lose the deposit no. What they are doing however is legally correct, it's called mitigating their losses.


You entered into a legally binding contract that allows them to hold you to the contract, by cancelling they are allowed their losses which is loss of profit. They need to mitigate their losses by selling the log cabin and returning any monies paid outwith their profit margin. By only keeping £100 they are doing you a favour as it could have got a lot mere expensive than that.


The only way to find out what losses they have suffered to date is to take them to the small claims court where they need to tell the courts Judge the full financial details of the product, the judge will then decide what their losses are.


They themselves may not have been able to cancel the cabin so they could be stuck with it and have to sell the cabin in order to get their money back, or yours as the case may be.

pinkshoes

You could always try and sell it yourself then have it delivered to new buyers address.

Try your local facebook group to gauge interest, but obviously you would have to offer a discount...

littlebranshill

Good idea pinkshoes. Thanks

Shaka_Zulu

If they can't sell it (and you can't) then you could be liable for all their costs.