Legal threat - unjust?

MobileSaver

Colin_Maybe wrote: »

They would argue that the following quote would usurp that and that they waived the 50% deposit as they'd spoken personally to their other half,

I can't imagine a single magistrate in the land would believe such a scenario when after they'd spoken to the other half the glazier followed up in writing categorically stating "Should you wish to go ahead we would require a 50% deposit."

The conditions necessary to form a contract are as explicit as they could be and this is as open and shut a case as I've ever seen on MSE. If the email had been sent Day 3 and the glazier visited Day 4 then that would become a much more contentious issue as the glazier/OP could have verbally agreed a different contract but that's not the order that things happened.

Colin_Maybe wrote: »

The OP deliberately ignoring their communications would also perhaps go against them

This I agree with and as stated I think the OP should reply refuting the allegation but do it factually and in as few words as possible with no embellishments.

Dean000000

Genuinely starting to belige people have a reading problem.

Contact and therefore potential contract was formed day 7....



Read TF again.

MobileSaver

Dean000000 wrote: »

Genuinely starting to belige people have a reading problem. Contact and therefore potential contract was formed day 7....

How could anyone conclude a contract had been formed when:

1) Glazier stated in writing "Should you wish to go ahead we would require a 50% deposit."
2) No deposit was paid and no go ahead was given verbally or otherwise.
3) OP contacts glazier, expresses dismay at lead time and finishes with "I'll need to talk to my OH to discuss options"

As someone else already said, the glazier does not have a leg to stand on.

KeithP

MobileSaver wrote: »

I can't imagine a single magistrate in the land would believe such a scenario...

And I can't imagine a single magistrate in the land would ever get to hear such an argument.

A Judge in a County Court maybe, but never a Magistrate.

Dean000000

MobileSaver wrote: »

How could anyone conclude a contract had been formed when:

1) Glazier stated in writing "Should you wish to go ahead we would require a 50% deposit."correct.
2) No deposit was paidcorrect and no go ahead was given verbally or otherwise.how do you know this?
3) OP contacts glazier, expresses dismay at lead time no he doesn’t. and finishes with "I'll need to talk to my OH to discuss options" no he doesn’t - instead he ignores them for 6 weeks.

As someone else already said, the glazier does not have a leg to stand on.

as j have repeatedly said, dangerous advise to give or listen to....before you take this advice you better be damn sure that that have no evidence that you wanted to proceed - phonecall recording, signed measure sheet (from survey) etc. That’s all.

I’m done with people that cannot read. So last post in the matter.

Op does not contact glazer to express dismay at lead times, or tell them they’d need to discuss with other half. If you read it, actually, with your eyes, and using your brain power....you’d note they do not explain how that phone call ended....it was the following day they decided not to proceed.

In fact, that phone call started by asking, when can you come and fit it? If I that’s not infering acceptance to the offer than I don’t know what is.

I’m out now, I have tried to caution op. But several others tell you they ain’t got a leg to stand on.

So....good luck.

[Deleted User]

MobileSaver wrote: »

I can't imagine a single magistrate in the land would believe such a scenario when after they'd spoken to the other half the glazier followed up in writing categorically stating "Should you wish to go ahead we would require a 50% deposit."

The conditions necessary to form a contract are as explicit as they could be and this is as open and shut a case as I've ever seen on MSE. If the email had been sent Day 3 and the glazier visited Day 4 then that would become a much more contentious issue as the glazier/OP could have verbally agreed a different contract but that's not the order that things happened.

Damn, you're correct, I missed the timeline, I'm blaming the OP whose 1st post rambles...

MobileSaver

Dean000000 wrote: »

I’m done with people that cannot read. ... If you read it, actually, with your eyes, and using your brain power....

The only one who seems not to be able to read is you, the OP clarified:

Derp111 wrote: »

was then told the lead time was 6-8 weeks - I absolutely did NOT agree to this, nor the deposit.

Derp111 wrote: »

We certainly didn't agree to anything in 6-8 weeks.... And we definitely didn't agree once they said 6-8 weeks on the phone.

I'm not sure how much clearer the OP could have made it that what you are wildly speculating on did not happen.

• The glazier came to measure up.
• The glazier came back with a price and conditions of acceptance (50% deposit.)
• No deposit was paid and no acceptance given.
• Ergo, no contract was formed.

Consequently, the glazier does not have a leg to stand on.

Dean000000 wrote: »

before you take this advice you better be damn sure that that have no evidence that you wanted to proceed - phonecall recording, signed measure sheet (from survey) etc.

It goes without saying that any advice on MSE can only be based on what the OP has told us but there has to be a presumption that the OP is telling it exactly how it actually happened otherwise the forum and posts becomes pointless.