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£2200 Non-refundable-deposit - What are my rights?
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I also notice my emails tend to get ignored most of the time so I am forced to call - this makes certain conversations difficult to prove but at times I have no choice but to keep calling.0
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541f said: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.
You won't get anywhere with that argument. Their moral argument is that you were happy to enter into a contract with them, twice. Now you want to walk away with all your money after they've incurred costs, which they find immoral.
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.
The inconvenience so far is a separate matter and doesn't invalidate the contract.
You were happy with 20% when you agreed it and paid it, so why is it unreasonable now?
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.
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541f said: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.
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.
Many building supplies were/still are in very short supply from March onwards as building merchants & the whole supply chain shut down.
At one point you could not get hold of Perspex for love or money.
Life in the slow lane1 -
born_again said:541f said: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.
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.
Many building supplies were/still are in very short supply from March onwards as building merchants & the whole supply chain shut down.
At one point you could not get hold of Perspex for love or money.Whether building supplies are short or not that’s not my responsibility.
I’m also paying storage charges with a third party company to keep some personal possessions - delays are costing me money.Once again I was promised a response today from the company - I received nothing as usual.0 -
Aylesbury_Duck said:541f said: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.
You won't get anywhere with that argument. Their moral argument is that you were happy to enter into a contract with them, twice. Now you want to walk away with all your money after they've incurred costs, which they find immoral.
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.
The inconvenience so far is a separate matter and doesn't invalidate the contract.
You were happy with 20% when you agreed it and paid it, so why is it unreasonable now?
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.It’s unreasonable NOW for a multitude of reasons which include but are not limited to; One of main concerns was when I tried to contact her I was not getting a response. I sent an email and after 28 days I got a reply back, which isn’t acceptable for someone that has paid a deposit an looking to move forward with the application. And then phoning her several times with no call backs or text. But when it came to getting a sale and persuading me to pay a deposit she was Available all the time. How are you able to trust a company to complete the task/building when already at the planning stage they are failing to keep up with communication. So I have lost faith in them and have asked for my deposit. Till this day she promised to send me a specific form which I haven’t received. The “ignoring” just didn’t stop.Not responding to my queries expressing certain concerns which could inflate costs.
Not helping with planning as promised
Do I need a structural engineer?
Do I need planning permission AND building warrant?
Are trees going to affect the construction and longevity of the garage?
If their is asbestos will they remove it?
Why would I pay for planning or building warrant fee just to find out work can’t commence until I finance additional works that are needed for the job to commence?
Lying about certain extras being bespoke
to them and that competitors do not offer this.
I was also lied to about a promotion - a “free electric motor and shelving” promotion was on offer on their website at the time.
I expressed my concerns and refused leaving a deposit due to this and advised I would reconsider if the offer came up in the future.
I was persuaded and given the guarantee that this offer would not be advertised again in the future - I receive an email and post showing this offer being available again.
I brought this up and was told “this was not a big issue in the grand scheme of things”.0 -
541f said:Aylesbury_Duck said:541f said: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.
You won't get anywhere with that argument. Their moral argument is that you were happy to enter into a contract with them, twice. Now you want to walk away with all your money after they've incurred costs, which they find immoral.
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.
The inconvenience so far is a separate matter and doesn't invalidate the contract.
You were happy with 20% when you agreed it and paid it, so why is it unreasonable now?
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.It’s unreasonable NOW for a multitude of reasons which include but are not limited to; One of main concerns was when I tried to contact her I was not getting a response. I sent an email and after 28 days I got a reply back, which isn’t acceptable for someone that has paid a deposit an looking to move forward with the application. And then phoning her several times with no call backs or text. But when it came to getting a sale and persuading me to pay a deposit she was Available all the time. How are you able to trust a company to complete the task/building when already at the planning stage they are failing to keep up with communication. So I have lost faith in them and have asked for my deposit.
As for the deposit being unreasonable now, you miss the point. You thought it was reasonable, twice. It doesn't become unreasonable just because you don't want to go ahead. If £2200 are costs they have reasonably incurred by the time you cancel, then the deposit was reasonable. If the costs are nowhere near that amount so far, it's unreasonable for them to retain all of the £2200. That's what you've got to determine, and no amount of complaining about email delays or no phone calls is helping.0
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