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Deposit problem
Mike3746
Posts: 1 Newbie
Last November I entered into a contract to have a conservatory built for a sum of £11500.
I paid £2300 by cheque for a deposit.
The company engaged a Architect to draw up plans and submit them to the local authority for planning permission and a building warrant.
There was a delay in monies being sent to the local authority and I was informed by the conservatory company that monies had been sent and lost. This was untrue. After much delay the fees were paid.
The necessary documents were issued by the authority 7 days ago.
On the 26th of February the builders arrived to commence work. They started by tearing down an existing Summerhouse. then proceeded to clear the garden ready to start work on the foundations. A manhole was uncovered, which was known to the Architect, and the builders stated that they could go no further because the foundations would encroach on the Manhole to a sewer pipe.
I must add that at the time of the Architect visit to my property he had every opportunity to inspect this manhole , but did not.
I was then contacted by the builders boss who informed me that in order to proceed they would require a further sum of £2400. I declined the offer.
The director of the conservatory company contacted me and stated that I would have to cancel the contract. I declined and reminded him of the small print on his contract namely section 7. I have copied this for you. As follows:
Surveyors Report: The surveyor will contact you as soon as is reasonably practicable after your contract is confirmed to make a convenient appointment to carry out a site inspection. You will be
offered an appointment within 3 weeks. They will start by checking the full specification to ensure accuracy and feasibility and will also check your personal requirements.
7.1 If the surveyor reports that there are problems relating, for example, to the structure, dimensions or access to the property, then without obligation on your part, we may quote a price for
the additional work. If you decline to accept the revised quotation, then we may cancel the agreement by sending you a written notice to that effect and your deposit will be returned.
7.2 Alternatively, if the surveyor reports that there are significant technical problems which make the manufacture or satisfactory installation of the units materially more difficult than initially
anticipated, then we reserve the right to cancel the agreement by sending you written notice to that effect and your deposit will be returned. In the event that the contract is cancelled in
accordance with this Clause, then written reasons will be provided to you but cancellation will be without further liability attaching either party.
I received the written confirmation from the company, but was informed the Deposit was un-refundable, as it had been used for fees etc, and there was a time scale ?
I have since found out the address the business has used to register on Companies House is false. The address on the contract is also false.
He does have a website which states no monies are required upfront.
Do I have a good case to take this company to the small debtors court, and do I report them to Trading standards? What advice would give in me approaching this company again.
I paid £2300 by cheque for a deposit.
The company engaged a Architect to draw up plans and submit them to the local authority for planning permission and a building warrant.
There was a delay in monies being sent to the local authority and I was informed by the conservatory company that monies had been sent and lost. This was untrue. After much delay the fees were paid.
The necessary documents were issued by the authority 7 days ago.
On the 26th of February the builders arrived to commence work. They started by tearing down an existing Summerhouse. then proceeded to clear the garden ready to start work on the foundations. A manhole was uncovered, which was known to the Architect, and the builders stated that they could go no further because the foundations would encroach on the Manhole to a sewer pipe.
I must add that at the time of the Architect visit to my property he had every opportunity to inspect this manhole , but did not.
I was then contacted by the builders boss who informed me that in order to proceed they would require a further sum of £2400. I declined the offer.
The director of the conservatory company contacted me and stated that I would have to cancel the contract. I declined and reminded him of the small print on his contract namely section 7. I have copied this for you. As follows:
Surveyors Report: The surveyor will contact you as soon as is reasonably practicable after your contract is confirmed to make a convenient appointment to carry out a site inspection. You will be
offered an appointment within 3 weeks. They will start by checking the full specification to ensure accuracy and feasibility and will also check your personal requirements.
7.1 If the surveyor reports that there are problems relating, for example, to the structure, dimensions or access to the property, then without obligation on your part, we may quote a price for
the additional work. If you decline to accept the revised quotation, then we may cancel the agreement by sending you a written notice to that effect and your deposit will be returned.
7.2 Alternatively, if the surveyor reports that there are significant technical problems which make the manufacture or satisfactory installation of the units materially more difficult than initially
anticipated, then we reserve the right to cancel the agreement by sending you written notice to that effect and your deposit will be returned. In the event that the contract is cancelled in
accordance with this Clause, then written reasons will be provided to you but cancellation will be without further liability attaching either party.
I received the written confirmation from the company, but was informed the Deposit was un-refundable, as it had been used for fees etc, and there was a time scale ?
I have since found out the address the business has used to register on Companies House is false. The address on the contract is also false.
He does have a website which states no monies are required upfront.
Do I have a good case to take this company to the small debtors court, and do I report them to Trading standards? What advice would give in me approaching this company again.
0
Comments
-
Trading Standards won't be interested.
You should see a solicitor.
This is the PPI board.0
This discussion has been closed.
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