Crane Garden Buildings – keeping my money

dksf

I ordered an expensive garden room building in January from Crane, (who trade heavily on their reputation for being a family company with particular values). I paid £3,500 immediately as a deposit to reserve an installation date (April). Lockdown came and they were unable to manufacture the building or give me a new delivery date. Fair enough – but I had to make alternative arrangements for work and study.   Under the terms of the contract I was entitled to treat the contract as at an end, not pay the balance of £10,500 and to the return of my deposit that they had already had for two months.

I asked for this in April and they have refused. Short of taking them to court, (which I am preparing for), what can I do? (In the meantime they are still taking people’s money.)

[Deleted User]

I don't know whether you can claim the contract has been frustrated or rescinded as they will be able to carry out work once lock down is over. Surely, as they would be working outside, this would have been resolved by now anyway? 

[Deleted User]

dksf said:

Short of taking them to court, (which I am preparing for), what can I do? (In the meantime they are still taking people’s money.)

It would look like you have two options, not get your money or start the legal process. They may expect/hope you will give up, which is why they are not returning your money, you might find that once you issue court proceedings they pay pretty quickly as any judgement will likely go against them and cost them considerably more. 
Send them a letter to both their trading and registered office (if different) by Recorded or Special Delivery (retaining copies yourself) stating that you will start legal proceedings if they do not repay the money owed within 14 days of issue of the letter (there are templates on MSE), hopefully that will make them return the money. If that does not work then take them to court and let the legal process take it's course. 

[Deleted User]

To add, they are not a limited company but a partnership, the details are below, follow the MSE template, make sure you use the correct one and address it to the individuals, as a partnership you have claim on their personal assets. 

Who we are. We are a partnership of James Crane, Nicholas Crane, Kirstin Crane and Sarah Crane trading as Crane Garden Buildings. Our VAT number is GB106904191000.

How to contact us. You can contact us by telephoning our customer service team at 01760 444229 or by writing to us at Crane Garden Buildings, Narford Road, Narford, King's Lynn, Norfolk, PE32 1JA or customerservices@cranegardenbuildings.co.uk

dksf

Thank you - this is helpful.  I will start the process  I think.

dksf

WFranklin71 said:

I don't know whether you can claim the contract has been frustrated or rescinded as they will be able to carry out work once lock down is over. Surely, as they would be working outside, this would have been resolved by now anyway? 

You have a point there. They must be thinking the same as they tried to arrange an installation starting last week. (Informed me the Friday before - knowing it was impossibe and that I had exercised my right to cancel the contract). I am not sure whether frustration of contract applies for consumer contracts - I'll check. 

(I wouldn't be worried if it was £100 but it is £3.5k)

Thrugelmir

 Under the terms of the contract I was entitled to treat the contract as at an end

What does the contract actually say? 

dksf

Thrugelmir said:

 Under the terms of the contract I was entitled to treat the contract as at an end

What does the contract actually say? 

It says:

Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

7.17.1  we have refused to deliver the products;

7.17.2  delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.17.3  you told us before we accepted your order that delivery within the delivery deadline was essential

(The delivery was tied in with several things - all of which were discussed at the time of order)

Also: Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance

There are two other clauses but I think both of those are fairly clear.

Thrugelmir

What's been their response? 

dksf

Their response is:

Unfortunately should you cancel your order your deposit is non-refundable.

Kind Regards

The thing is - had they refunded immediately I would have had no hesitation in re - ordering when circumstances are clear - maybe next year - but I am very unhappy that they are holding so much money. They also put huge pressure on me to pay the 10.5k balance even after lockdown had started and they knew they were not going to be able to deliver. This was one of the things that concerned me.

WhenIam64_again

For £3.5K, I'd put in a County Court claim.

These are still being heard and it is pointless banding words about. You are in dispute and there appears to be no dispute resolution mechanism within the construct of the contract. The inference of this absence is the court will be the arbiter.

If companies were sensible, they could avoid court by including resolution mechanisms - but they don't relying instead on inertia.