Double Glazed WIndows Contract

jonnypetrie

I entered into a contract with a double glazing company about a year ago now, which was about the time I paid the deposit (£1437). I have been given three installation dates over the course of the year, all were no shows with no prior notification and a made-up excuse. I have now sent emails and phoned the company on numerous occasions, without any response. The relevant parts of the T&C are:

4. TARGET INSTALLATION We shall use all reasonable endeavours to complete the work specified within the target installation period stated on the contract. If the target installation period is exceeded, we will not be liable for any delay in the completion of work to the extent it arises from causes beyond our control such as shortage of materials, strikes, lockouts and cessation of work by workmen. 

11. CANCELLATION You have the right to cancel the contract within 14 days of the contract and all money paid by you will be refunded upon receipt of a written intention of your wish to cancel the contract either by recorded delivery to Arena Home Solution Ltd, 1 Telford Gardens, Dingwall, IV15 9UR or by email to customer.service@arenahome.co.uk. You can cancel the contract after 14 days but you will be liable for the cost of work performed up to the point of cancelation. We can cancel the contract up to 7 days after the date of the surveyor report been signed if this report is unsatisfactory to us. In this event all money paid by you will be refunded. 

There is no target installation date in the contract I signed, I assume this is on purpose. What rights to I have to get my deposit back?

FreeBear

Having had windows replaced here in three stages, it has been about two months between ordering and fitting. A small deposit was requested on the first batch of windows, but never got asked for one for subsequent contracts.

To be kept hanging around for a year, and still no installation date is taking the proverbial - I'd be demanding my money back in full and taking my business elsewhere.

greenface2

keep all records of any conversations . They are taking the p 1 ss . take legal advise . try for a free visit first somewhere . Have you spoken to them about getting your money back straight . no reason they've ballsed about for so long 

gm0

One of the situations which allows declaration of "time is of the essence" for an existing contract is being subjected to unreasonable delay.

Google solicitor web guidance on the wording.  A proper legal letter based around the contract would be better but legal advice will quickly cost the same as the deposit so this may be a letter from you stating the original date of contract, the missed dates, declaring that they are now in default for nonfulfillment and unreasonable delay (in your view) and declaring that "time is of the essence" for the contract.  You can in the  letter offer an off ramp via a full deposit refund of £1437 option for you to "go away" if you choose. 

But a time of the essence letter is essentially asking them to fulfill the contract now or be formally in default for breaking the contract.  So they may turn up and do the work though this is unlikely. And would demand full payment without deductions for the 12 month delay if they did.  And will likely attempt to do it fast and try it on with extras as the job is more than likely very unprofitable on materials prices now given all that has happened this past year. So you will need to be vigilant about quality and bodging if they did show up.

Before going down the "of the essence" "in default demand refund" then "small claims court" route for the £1437 
The first thing to check is whether they are still operating as the same trading entity as the one on the contract you signed.  Companies house filings this past year, web and contact details for a new inquiry etc. 
If not - you may be wasting your time as the company, contracting party and contract may be gone along with the deposit even if Stan Dodgy is now trading as Dodgy Windows No3 Ltd

Good luck

Mutton_Geoff

jonnypetrie said:

I entered into a contract with a double glazing company about a year ago now, which was about the time I paid the deposit (£1437). I have been given three installation dates over the course of the year, all were no shows with no prior notification and a made-up excuse. I have now sent emails and phoned the company on numerous occasions, without any response. The relevant parts of the T&C are:

4. TARGET INSTALLATION We shall use all reasonable endeavours to complete the work specified within the target installation period stated on the contract. If the target installation period is exceeded, we will not be liable for any delay in the completion of work to the extent it arises from causes beyond our control such as shortage of materials, strikes, lockouts and cessation of work by workmen. 

11. CANCELLATION You have the right to cancel the contract within 14 days of the contract and all money paid by you will be refunded upon receipt of a written intention of your wish to cancel the contract either by recorded delivery to Arena Home Solution Ltd, 1 Telford Gardens, Dingwall, IV15 9UR or by email to customer.service@arenahome.co.uk. You can cancel the contract after 14 days but you will be liable for the cost of work performed up to the point of cancelation. We can cancel the contract up to 7 days after the date of the surveyor report been signed if this report is unsatisfactory to us. In this event all money paid by you will be refunded. 

There is no target installation date in the contract I signed, I assume this is on purpose. What rights to I have to get my deposit back?

They seemed to have moved from Dingwall to Golspie, they have (had) assets of under £6k and were almost struck off around the time you placed your order. The business was last valued at £12k but have £200k worth of debt.

I wonder whether Mr Smith will have the money to pay you back your deposit? Bear in mind their service address is also different from their registered business address.

https://find-and-update.company-information.service.gov.uk/company/SC638430/

I don't think there is any problem getting out of your contract, the problem will be getting your deposit back.