Dispute with Leading Double Glazing & Conservatory manufacturer over return of deposit

RLillford

We placed an order with Anglian Windows in 2021 with an initial deposit of £2,000 to construct a new conservatory on an existing base.

According to their contract the first survey should have been carried out within 21 days, they actualy broke the contract because the survey was carried out on the 22nd day, but because we did not raise this at the time they are saying that we have accepted the breach.

A further survey was conducted in 2022 by a surveyor prior to manufacture; he wasn’t happy with the measurements given on the original design drawing and said he would need to seek further advice.  A further visit was organised for the surveyor and a senior surveyor to recheck the measurements for the new frame.  

After the checks were made my husband and I were advised the the original survey that the contarct was based upon was incorrect, the base wall upon which the new conservatory was to be fixed was about 10cm out and for the proposed conservatory to sit properly we would have to take down the existing base wall, and rebuild another one at our expense, an additional expense to the quotation we had already been given.  We refused and said we did not want to go ahead as we could not afford the extra expense.  The following day we cancelled the order and requested a full refund of the deposit.

We have now been in dispute with them since March 2022 and they are now demanding a further £3,000 because we cancelled the order which they say is in the terms and conditions of the contract.  

This is just a quick overview, I can give you exact details if you can help, but I wondered if you could give me your first thoughts please? 

HillStreetBlues

You agreed a price Anglian Windows for conservatory
After second survey  Anglian Windows now could not do it for agreed price.
Anglian Windows wanted you to spend extra money so they could build conservatory
You refused and cancelled.

Once Anglian Windows couldn't build the conservatory they were in breach of the contract.
You can not be forced to spend extra money unless this was agreed in the contract

It seems Anglian Windows are pointing to their T&Cs saying it was you that cancelled.
But you should be saying that you haven't if fact cancelled, it was Anglian Windows that cancelled as they could no longer fulfill the contract.
 
Go back to Anglian Windows  and  tell them you want a refund because of their breach of contract as they could not do the work for the agreed price.

How did you pay the deposit?

RLillford

i paid the deposit by debit card, i have been to my bank and they said that i was out of time for them to do a refund deposit paid 2021 dispute started March 22

RLillford

they recommended that we should get a new dwarf wall built and then they would remeasure. the alternative was to get  them to remeasure and redesign the conservatory to fit the existing wall but it was stated that the windows might not be identical in size and would look odd. 

Aylesbury_Duck

They've very clearly breached the contract.  Send them a letter before action and take them to court if they don't react correctly.

HillStreetBlues

I complete agree wit AD

They would be allowed minor design changes, but  if new design would lead to "odd looking windows"  then clearly this is a significance difference.

TripleH

Argument is :

They offered a conservatory for £x, you accepted.

They cancelled the contract to build a conservatory for £x

They offered to build a conservatory fir £y, you rejected.

That you have to spend money to amend a wall on the instruction of Anglia gives you the argument that you are not dealing with the same situation as before.

They measured wrong causing the issues not you (if a 3rd party, they employed them not you).

GlazingAdvice

There is a facebook group - Anlgian dissatisfied customers. There is some good advice there from people that have been through similar. In simple terms - the above advice is correcct. The group just may help you when dealing with the realities of the company.