Double Glazing Company Going Under ??

tony_dakers

Hi I paid a deposit via bank transfer to replace all the double glazing in my flat back in November 2022. It now looks like the company is about to cease trading. Having taken advice from the Citizens Advice Bureau I gave them 14 days to deliver and install my windows or I would cancel my contract with them without penalty as they had broken our contract. The 14 day deadline has passed and I have emailed them to confirm that I wish to cancel my contract and request a full refund of my deposit, compensation & reparation for any additional expenses incurred as a result of them failing to install my windows. It there any other way I can get my money back?? 

eskbanker

If the company is becoming insolvent then it sounds unlikely that you'd get anything back from them, but if you paid by bank transfer then that would rule out recovery via a card provider, so I can't think of any other party who'd pick up liability....

Edit:

tony_dakers said:

I have emailed them to confirm that I wish to cancel my contract and request a full refund of my deposit, compensation & reparation for any additional expenses incurred as a result of them failing to install my windows

Just to add, it would already have been tricky to recover anything beyond your deposit if they were still trading, but the actual debt is just the money you paid.

DullGreyGuy

You cannot unilaterally change the contract, what did the contract state about timescales for delivery or your rights for cancelling?

As you paid by bank transfer then your only option is to try to get the refund, if you are entitled to one, before they go into administration/insolvent. If they become insolvent you will just be in the line of unsecured creditors hoping to pick what flesh is left from the bones. Unfortunately employees, some HMRC taxes and secured creditors are before you in the queue. 

Getting a court order will just add to your losses as it still leaves you as an unsecured creditor but you'd have to have paid the court fees to get it. 

Why do you think they are going into adminstration?

Jonboy_1984

Basically you will join a long list of unsecured creditors (secured creditors being entities such as banks with security on assets and priority creditors such as HMRC).

If you are lucky you might be £0.05 back for every £1 in around 12-18 months time.

Aylesbury_Duck

tony_dakers said:

Hi I paid a deposit via bank transfer to replace all the double glazing in my flat back in November 2022. It now looks like the company is about to cease trading. Having taken advice from the Citizens Advice Bureau I gave them 14 days to deliver and install my windows or I would cancel my contract with them without penalty as they had broken our contract. The 14 day deadline has passed and I have emailed them to confirm that I wish to cancel my contract and request a full refund of my deposit, compensation & reparation for any additional expenses incurred as a result of them failing to install my windows. It there any other way I can get my money back?? 

Good luck with that.  You're the one breaking the contract, they owe you nothing beyond your deposit and if they're not ceasing trading, you might not be entitled to all of that back.