Deposit Refund

Shezz

Hi All

Can someone please advise next steps i should take that can help me get my large deposit back I spoke to Trading Standards who advised i am entitled to get it back as the company had broke the contract, they sent me a link to fill out a letter to send to them.

Letter sent via email 09-11-23 (late), i informed them on the 08-11-23 that i was requesting my deposit back.

They totally ignored my email,

I waited 9 working days and on 23-11-23  sent them an email saying that Today would be the 10th day and that if my deposit was not returned i would be taken further steps (ADR Scheme).

I did note one of there accreditation was they were members of XXX and said that  that i would approach them to act between us, I even asked if they already had there own they use.

I don't want to lose my deposit, so wondered if i am doing the right steps, or if anyone knows of an ADR scheme that could help me. or knows if there is anything else I should do first.

Aylesbury_Duck

Without some more information, it's difficult to say.  What's the product or service, what's the deposit amount amd what are the general terms and conditions?

ArbitraryRandom

I agree with Duck some more detail would be helpful, but broadly speaking you can approach the body they're registered with - and if that fails the ultimate option is a letter before action/a civil court case followed by enforcement.

As to if that's worth doing... it would depend on the size of the deposit and how likely it is enforcement would be effective.  

Shezz

Aylesbury_Duck said:

Without some more information, it's difficult to say.  What's the product or service, what's the deposit amount amd what are the general terms and conditions?

Ok sorry was trying to keep it as brief as I could, was still long though, was for solar panels, paid deposit end of July(just over 4k) with install date end of October (Surveyor was going to bring install date forward to September), so in August when I rung to see if they was able to do it in September, I was told the panels were held at Customs and that as my original date was October it should still go ahead, As the time got nearer I contacted them to check but all i kept getting was they still had problems.

I emailed for updates as I was not getting much info and kept getting told that they still had problems, on the 3rd November, I request my deposit back as I still had no idea what was actually happening, I had not been offered any other alternative panels etc, no offer of an install date.

I was sent a reply with a promise that on Monday 6th November they would be able to give me an install date if i reconsidered, I agreed to wait til the Monday.

I never heard from them.

Tuesday 7th November, i received  another email just apologising about the delay again, I replied and said that I was not happy.

They replied on the 7th November with a promise again of sending over a install date on Friday 10th November,

After consideration my partner and I decided once again to ask for a refund as we had lost confidence with the company, especially if anything happened once the panels were installed. sent an email on 8th November to let them know.

I have not heard from them since 7th November.

They broke the contract the proof on the invoice they said that full payment was due on the 23rd October on completion of install.

Yes I did check them out, They are still active on companies house.

GrumpyDil

What, if anything, does the contract say would happen if there were any delays as unless the contract makes time of the essence and specifies a fixed date they can argue that they are not in breach yet. 

ArbitraryRandom

GrumpyDil said:

What, if anything, does the contract say would happen if there were any delays as unless the contract makes time of the essence and specifies a fixed date they can argue that they are not in breach yet. 

If the installation date was supposed to be the end of October, then I would suggest that's clearly been breached... 

GrumpyDil

ArbitraryRandom said:

GrumpyDil said:

What, if anything, does the contract say would happen if there were any delays as unless the contract makes time of the essence and specifies a fixed date they can argue that they are not in breach yet. 

If the installation date was supposed to be the end of October, then I would suggest that's clearly been breached... 

That doesn't answer my question about what exactly the contract says would happen in the event of a delay. Without checking that we are assuming that the company is in breach. 

Shezz

ArbitraryRandom said:

GrumpyDil said:

What, if anything, does the contract say would happen if there were any delays as unless the contract makes time of the essence and specifies a fixed date they can argue that they are not in breach yet. 

If the installation date was supposed to be the end of October, then I would suggest that's clearly been breached... 

That is what Trading Standards have said, due to them giving a date of install, they are in breach

Shezz

GrumpyDil said:

ArbitraryRandom said:

GrumpyDil said:

What, if anything, does the contract say would happen if there were any delays as unless the contract makes time of the essence and specifies a fixed date they can argue that they are not in breach yet. 

If the installation date was supposed to be the end of October, then I would suggest that's clearly been breached... 

That doesn't answer my question about what exactly the contract says would happen in the event of a delay. Without checking that we are assuming that the company is in breach. 

They did not mention it on  the contract. that is why when i asked for the invoice, for them to put the instal date on it, when i run through it with TS they said they were in breach

GrumpyDil

Thanks. 

If the contract T's and C's have no mention of what would happen if an agreed delivery date was not met then I'd agree that you can argue that they are in breach of contract and proceed on that basis.

So I would write to them explaining that you are treating their failure to install the items by the agreed delivery date as a fundamental breach of contract and therefore expect a full refund to be given. 

Shezz

ArbitraryRandom said:

I agree with Duck some more detail would be helpful, but broadly speaking you can approach the body they're registered with - and if that fails the ultimate option is a letter before action/a civil court case followed by enforcement.

As to if that's worth doing... it would depend on the size of the deposit and how likely it is enforcement would be effective.  

I did send the letter TS linked me to on the 9th November, I have waited 9 days, then sent another email on yesterday letting them know that i am seeking to approach an ADR Scheme to act between us. in an hope  to bring it to an amicable ending. i need to know i am not doing it in the right order, they are totally ignoring me now, (keep checking my bank account to see if it has dropped in)