Excessive Cancellation Charges ?

tightauldgit

the_lunatic_is_in_my_head said:

A letter before action won't cost anything, filing fees for small claims are detailed here:

https://www.gov.uk/make-court-claim-for-money/court-fees

They obviously have some costs and it's hard to pin a figure on what their costs should be so I don't know what amount you'd seek, realistically you'd hope a bit of resistance would push them to give you a better offer and you'd have live with writing off the rest  

If I was doing it I would just claim for a full refund and say that the company refused to provide any information with which a proper estimate of their costs could be made. I think a court would certainly want a more detailed justification than the one the company has currently provided and eg evidence that commissions were paid. 

RefluentBeans

tightauldgit said:

the_lunatic_is_in_my_head said:

A letter before action won't cost anything, filing fees for small claims are detailed here:

https://www.gov.uk/make-court-claim-for-money/court-fees

They obviously have some costs and it's hard to pin a figure on what their costs should be so I don't know what amount you'd seek, realistically you'd hope a bit of resistance would push them to give you a better offer and you'd have live with writing off the rest  

If I was doing it I would just claim for a full refund and say that the company refused to provide any information with which a proper estimate of their costs could be made. I think a court would certainly want a more detailed justification than the one the company has currently provided and eg evidence that commissions were paid. 

Yeah. Got a feeling that most non refundable deposits wouldn’t hold up to scrutiny. I would hazard a guess (given we’ve just had windows done) 21 days means little manufacturing work has been done as most require at least 6 weeks notice. I also doubt they’d be unable to find someone to fill the fitting gap, so I do think that the £600 fee is a bit steep. Go for the whole amount and then the court can reduce as they see fit.  

the_lunatic_is_in_my_head

RefluentBeans said:

tightauldgit said:

the_lunatic_is_in_my_head said:

A letter before action won't cost anything, filing fees for small claims are detailed here:

https://www.gov.uk/make-court-claim-for-money/court-fees

They obviously have some costs and it's hard to pin a figure on what their costs should be so I don't know what amount you'd seek, realistically you'd hope a bit of resistance would push them to give you a better offer and you'd have live with writing off the rest  

If I was doing it I would just claim for a full refund and say that the company refused to provide any information with which a proper estimate of their costs could be made. I think a court would certainly want a more detailed justification than the one the company has currently provided and eg evidence that commissions were paid. 

Yeah. Got a feeling that most non refundable deposits wouldn’t hold up to scrutiny. I would hazard a guess (given we’ve just had windows done) 21 days means little manufacturing work has been done as most require at least 6 weeks notice. I also doubt they’d be unable to find someone to fill the fitting gap, so I do think that the £600 fee is a bit steep. Go for the whole amount and then the court can reduce as they see fit.  

£600 is what they are giving back to the OP, the amount they wish to retain is £1800 or £2400 (there are two different sets of figures mentioned in the OP).

Their admin should be minimal, OP hasn’t said if a survey has been carried out but net costs of that would be staff time and travel so it’s just a question of whether the salesman gets the commission.

I would assume they don’t in cases where the right to cancel exists and is exercised but I have no idea if they would or wouldn’t get a commission in this instance.