£2200 Non-refundable-deposit - What are my rights?

541f

Hi,

I am looking for some advice regarding getting a deposit back.

A bit of background - I left a deposit of £1700 over the phone after being promised at the minimum, the following:

• Full assistance with planning permission 
• Including extras that other competitors don’t offer; cement fillet, foam filler at the eaves etc (later found to be a lie)
• Guarantee not to be cheaper or the same price in the future (one of my conditions for leaving a deposit)
• A promotional offer - advertised on the website at the time and not honoured due to staff error - that won’t be offered again in the future - free electric door opener and 6ft shelving

At no point was I advised of my 14 day right to cancel (unless I’m not entitled?).

I called back few days later to cancel my order and have my £1700 returned as I had doubts - I initially politely explained I cannot afford it, the garage is not adequate size for my needs and that it would not make financial sense due to borrowing funds, amongst other reasons.

I was eventually persuaded to put a larger deposit down (£2200) on a larger garage - I plead that I couldn’t justify it although I was constantly persuaded that I would lose this “one-time special offer” and advised ways of how I could possibly raise the extra funds - I eventually paid the additional amount

for the deposit.

After leaving a deposit, I was constantly phoning for a deadline, only to be told each time it’s being moved forward due to lockdown and back log of customers prior to lockdown.

I then phoned several times for drawings for my planning application - again being delayed each time with similar excuses after eventually getting them a month later.

During the planning application stage, I was offered no assistance as promised and was rather advised “just access the local council website and you’ll find all the information there”.

I explained and pushed for comprehensive instructions (or a form to Fill)  and full assistance as promised - was promised a comprehensive email only to receive nothing.

I Called next day and was told email was sent but I hadn’t received any.

I was then told will send again and text once done - yet again, no email or text.

I then emailed asking for a response and got one 10 days later with two generic links I already had said I had accessed.

This lead me to sending several emails explaining various concerns and that I would like my deposit back - I was eventually told to give a call them, which I did, only then to be told to be called back and I never receiving a call again.

Few more emails later - I get no response.

Eventually told to give them a call only to be told to get a call back, which I never did.

I then tried again few weeks later and got through only to be told deposit can’t be returned unless my planning is rejected.

I explained that due to the culmination of delays I cannot proceed with this anymore and the fact that covid restrictions will now mean further potential delays with dates that cannot be guaranteed

They have also announced that they have currently restricted work due to lockdown and stopped receiving deliveries as of 29/10/2020 - yet I’m still being promised work which isn’t guaranteed all over again with no deadlines.

I also advised them of my mental health issues and how this is seriously impacting my health - I have been diagnosed with chronic depression, anxiety and have self harmed with suicidal attempts - this didn’t seem to matter to them.

I have also found many bad reviews left on their Facebook page regarding delays - wish I was aware of this before.

I have also had a look at Consumer Rights Act 2015 and unfair terms if that’s any help?

I’ve probably missed out details but if anyone can give some insight as to where I stand, I would be ever so grateful.

Thanks 

Were_Doomed

I haven't read the whole post ... how did you engage this contract? (Online? Over the phone? In your home through them visiting you? You visiting their showroom?) What's important, especially with the CCR 2013, is whether or not this was a distance contract.

Lomast

If they have produced drawings for planning permission  then I'm not sure you will get all your money back.
 Also to me assistance with planning means dealing with enquiries  etc not help filling in the planning forms which are really very straightforward once you have the  drawings

mattyprice4004

If they've done drawings and other work, they need to be paid for this - also if the delays are due to COVID they'll likely argue this is outside of their control.

541f

Were_Doomed said:

I haven't read the whole post ... how did you engage this contract? (Online? Over the phone? In your home through them visiting you? You visiting their showroom?) What's important, especially with the CCR 2013, is whether or not this was a distance contract.

The sale was over the phone paid by credit card.

541f

Lomast said:

If they have produced drawings for planning permission  then I'm not sure you will get all your money back.
 Also to me assistance with planning means dealing with enquiries  etc not help filling in the planning forms which are really very straightforward once you have the  drawings

With all the inconvenience I wouldn’t like to pay for the drawings although should I be required to I will do so.

The drawings are also for a pre-fabricated garage that come in standardised sizes so I’m not sure if an architect produces them or if they are generic.

Assistance has been minimal and difficult to get.
 I also asked for a somebody to visit the site as I was concerned about trees, slopes etc - this was so I don’t run into further problems later on or get charged more for materials or services I wasn’t aware of that I may need later for the job to go ahead.

During sale time I also asked to advise me when I can visit the showroom to have a look at the buildings - I was told I would be notified once back in office.

I chased this up several times only to be told the same each time.
When complaining regarding this, I was told that they were waiting on me to make an appointment - how do I know when to make an appointment if I’m not notified that I am allowed to make one?

541f

mattyprice4004 said:

If they've done drawings and other work, they need to be paid for this - also if the delays are due to COVID they'll likely argue this is outside of their control.

I totally understand your point of view regarding COVID, however where do we draw the line and how long do I have to wait until it’s decided I am due my deposit back.

Pre-COVID, customers have expressed concerns regarding delays of months upon months, some waiting a year or over - I don’t have any reason to believe this will improve especially in the current times of this pandemic whereby they have also stopped taking deliveries from their suppliers, coupled with a huge backlog of already waiting customers.

Aylesbury_Duck

It sounds like the 14 days is over now.  Is it?  You initially tried to cancel within the 14 days but were persuaded to continue and in fact, increase the order?

As I see it, you have two options.  Cancel, and accept any charges that are due according to the contract terms, or continue with the contract.  If you choose the first, come back with whatever they are proposing to charge you and we can advise if those charges are reasonable and in accordance with the contract.

541f

Aylesbury_Duck said:

It sounds like the 14 days is over now.  Is it?  You initially tried to cancel within the 14 days but were persuaded to continue and in fact, increase the order?

As I see it, you have two options.  Cancel, and accept any charges that are due according to the contract terms, or continue with the contract.  If you choose the first, come back with whatever they are proposing to charge you and we can advise if those charges are reasonable and in accordance with the contract.

In simple terms, if I do not proceed they keep the (20%) £2200 deposit.
 

Aylesbury_Duck

541f said:

Aylesbury_Duck said:

It sounds like the 14 days is over now.  Is it?  You initially tried to cancel within the 14 days but were persuaded to continue and in fact, increase the order?

As I see it, you have two options.  Cancel, and accept any charges that are due according to the contract terms, or continue with the contract.  If you choose the first, come back with whatever they are proposing to charge you and we can advise if those charges are reasonable and in accordance with the contract.

In simple terms, if I do not proceed they keep the (20%) £2200 deposit.
 

Ok, but they should be able to justify those costs if needed.  Ultimately, if this ends up in small claims court action, they will have to prove they have incurred £2200 cost.  Clearly, when people like architects are involved, professional fees can rack up pretty quickly.

541f

Aylesbury_Duck said:

541f said:

Aylesbury_Duck said:

It sounds like the 14 days is over now.  Is it?  You initially tried to cancel within the 14 days but were persuaded to continue and in fact, increase the order?

As I see it, you have two options.  Cancel, and accept any charges that are due according to the contract terms, or continue with the contract.  If you choose the first, come back with whatever they are proposing to charge you and we can advise if those charges are reasonable and in accordance with the contract.

In simple terms, if I do not proceed they keep the (20%) £2200 deposit.
 

Ok, but they should be able to justify those costs if needed.  Ultimately, if this ends up in small claims court action, they will have to prove they have incurred £2200 cost.  Clearly, when people like architects are involved, professional fees can rack up pretty quickly.

I did ask on the phone what costs have they incurred for them to justify keeping the £2200 and they should do the morally correct thing and give me deposit back - I was kept getting told I only get it back if planning permission is declined as per terms.

Surely that is unfair terms especially with the inconveniences caused to me so far and 20% being an unreasonable amount without clear cut and reasonable justification.

As far as architect fees none were ever mentioned to me and still haven’t been mr turned thus far - like I said I don’t know whether they print off a template for generic sizes or an actual architect starts from scratch.
The garages come in pre-specified sizes from which you choose from.