I need some advice ........

Maz5757

Hi everyone, I need peoples thoughts on my issue and any advice/help is most welcome.

I've paid a deposit to get a lean too with a reputable company. I paid the deposit £1,700 by credit card in March 2021 being told it will most likely be a June install. June came and went and I had no contact from the company so I contacted them, they gave covid/shipping as the reason for the delays and staff having to work from home and most probably the install will take place in September. I can understand the delays in the current climate but told them this is no reason not to keep their customers updated and I shouldn't have to chase them for this information, they were quite rude about me challenging this. September arrived again no contact from them, so I chased and I got told it may be December or January. 

I am going to ask the company for a refund as I don't know when/if this install will ever take place and the lack of communication from them is just wrong. The total cost of the work is £17k. I can probably guess that my job is being put to the back of the queue so they can undertake lots of small jobs.

I really don't know how to tackle asking for the refund of the deposit as I don't want to pay anything else, they haven't even ordered any of the items but in the contract there is the following:

 (h) If, after we have carried out a survey, you refuse to go ahead with the installation, we will be entitled to treat this contract as cancelled. If we have not yet made the goods, you must pay an amount equal to 25% of the value of the contract (after VAT). If we have made the goods, you must pay an amount equal to 75% of the value of the contract (after VAT), together with our reasonable expenses.

Does the above mean I will have to pay even more even though they haven't supplied the goods/services they've quoted for? I there a specific way I should start the refund process? 

Any help/advice is very welcome,

Marian.

Diamandis

You should put in writing when you expect the work to be completed by, but make it reasonable. If they are then unable to complete the work by then you should cancel the contract. The issue just now is that there was no set times agreed by either party so they haven't breached the contract. 

bris

Maz5757 said:

Does the above mean I will have to pay even more even though they haven't supplied the goods/services they've quoted for? I there a specific way I should start the refund process? 

Any help/advice is very welcome,

Marian.

No, You can send them a "Time is of the essence" letter giving them a reasonable time to complete the job.

They already stated by "June install" so there was a roughly agreed time, putting back to September then December or January should be the final chance they get.. 

I would use January in the Time is of the essence letter then if this comes and goes write to them in durable means (email will do) holding them in breach of contract and cancel.

At this point you should also get your credit card involved and start a S75 claim as they are jointly responsible.

You might even want to start that ball rolling now as it wouldn't be unreasonable to consider the contract already breached by them.  

Maz5757

Thanks Diamandis and bris for the advice and I'll get the letter and S75 started.