Hey

Rich4047

Hi there 👋 

   

rob7475

What was the cost of the materials (I'm assuming these were detailed in your written quotation)? Do your T's and C's state that the deposit is to cover the cost of these materials?
If I was spending the best part of 20k on my garden, I'd want a decent set of T's and C's that state under what circumstances the deposit may be returned.

TELLIT01

If materials have been purchased then I agree that they should be provided to you.  If he has the materials but will not pass them on it's tantamount to theft.

GDB2222

I’m sure you paid the deposit with a credit card?

Mistral001

He can only retain damages that he has suffered as a result of you cancelling the order. If he is using the materials on another job or if he has returned them to the supplier for a refund he cannot keep all that money.   Even if the deposit is called non-refundable in the contract, that does not mean that all the deposit can be kept.  It is likely that he has gotten away with keeping deposits in the past because many people do not know contract law.  Or he might not know anything about contract law either.   One perhaps for the small claims courts.

Rosa_Damascena

He is TTP but you need to be less passive. He thinks you are rich and in a position to weather the loss without batting an eyelid. It's up to you to show him he couldn't be further from the truth - either he gives you the materials ordered or refunds the lot.

williamgriffin

Have you actually taken proper legal advice? If not don't say you have.

If he doesn't refund your next step is a letter before action. You do have his full name and address to send one to?

Risteard

Rich4047 said:

 I’ll not bother you with any further messages. Thanks XXXX. 

     XXXXXXXXXX

That's a lot of kisses you have sent him.

Seriously though, I don't see any mention that the deposit was solely for the materials. He is likely to incur a restocking charge for the returned materials. I would also presume that part (if not all) of the deposit was to secure the booking to prevent late cancellations which may leave him without work. You claim that someone told you that he filled that slot with other work, but frankly neither of us knows whether that's actually true. I would strongly suggest that you will not be entitled to a full refund of the deposit. It might be reasonable to assume that some of it might be refundable depending on the exact circumstances, but expecting you can get all of it is a pipe dream.

comeandgo

Your email is totally incorrect.  You have not had any legal advice, you are listening to people who do not have all the details.  You can not claim the full amount back.  Your contractor has in good faith spent hours quoting and ordering goods and then had to source work to help him out of a week with no work.  You have absolutely no guarantee if this goes to court you would win.

bris

He is entitled to his losses, these losses are his profit after the job is complete. The materials are irrelevant here and you have no automatic right to them. 

Take him to court for the deposit, the courts will then work out the deposit amount the materials cost and the profit he would have made. The difference will either be awarded to you or against you if it should have been more (he needs to counter claim if his profit is more than the deposit.)

Thats contract law. he may know more about it than people seem to think.

Rosa_Damascena

Rich4047 said:

Thanks for the advice folks. Sorted. 

Our work here is done?