Deposit Refund

Shezz

GrumpyDil said:

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. 

I have, but they are choosing to ignore me.

Aylesbury_Duck

Once your deadline has elapsed, you should write them a letter before action and threaten small claims court action, giving them 14 days to respond.  That might sharpen their minds, but if you still get no response, you'll have to see it through or they'll know you're bluffing.

Shezz

Aylesbury_Duck said:

Once your deadline has elapsed, you should write them a letter before action and threaten small claims court action, giving them 14 days to respond.  That might sharpen their minds, but if you still get no response, you'll have to see it through or they'll know you're bluffing.

I will see it through, as a  pensioner on state pension only, would i get legal aid or can if i win the case could i get my money back on fees

Aylesbury_Duck

You won’t get legal aid (I think) and the court fee for a £4,000 court fee is relatively modest (although I appreciate it may be a stretch). Yes, if you win you would be entitled to claim that fee as well.  A warning that winning doesn’t automatically ensure you get your money, the company still have to stump up.

RefluentBeans

You’ve been very reasonable in my opinion. You have waited 8 weeks longer than initially you thought you would, which is very reasonable of you, especially for products ordered in the summer. 

I’m guessing there hasn’t been measurements of the roof/where you were going to install them? If there hasn’t been, then they have no right to keep any money as it would imply they haven’t got any specific products for this project. For example, if they had to order a specific size of panel to fit on to your roof they could claim that the deposit would be used (at least partly) for that. 

Most ‘non-refundable’ deposits aren’t really that legal in my experience, and company’s normally cave. 

Okell

Shezz said:

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...

Are you certain that you spoke to Trading Standards directly?

Could you post up the link to the template letter that they gave you?  I'm rather curious to see how TS would word a letter like this

Shezz

Okell said:

Shezz said:

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 

a

sent me a link to fill out a letter to send to them...

Are you certain that you spoke to Trading Standards directly?

Could you post up the link to the template letter that they gave you?  I'm rather curious to see how TS would word a letter like this

Yes I am certain, I went on the CTSI  site, put in my postcode, which then showed me my local number to ring, which I did, I asked if they were TS they  acknowledged it , the lady took the details of what I felt my case was for the return of my deposit, she went away to check out if I was entitled to it, then came back told me that i was entitled to ask for a  full refund due to  to the fact that it was them that broke the contract, she then emailed me a link,

Sorry I will not put the link up not sure if it is right to do so, but this below is were the template was, if you wondered if i was truthful in what I commented.

Letter to cancel a contract that's been breached

This advice applies to England. See advice for 

Use this letter to cancel a contract if an essential part of it has not been fulfilled.

ArbitraryRandom

This template, by any chance? 

https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-services/letter-to-cancel-a-contract-thats-been-breached/#

Shezz

RefluentBeans said:

You’ve been very reasonable in my opinion. You have waited 8 weeks longer than initially you thought you would, which is very reasonable of you, especially for products ordered in the summer. 

I’m guessing there hasn’t been measurements of the roof/where you were going to install them? If there hasn’t been, then they have no right to keep any money as it would imply they haven’t got any specific products for this project. For example, if they had to order a specific size of panel to fit on to your roof they could claim that the deposit would be used (at least partly) for that. 

Most ‘non-refundable’ deposits aren’t really that legal in my experience, and company’s normally cave. 

They did send a surveyor, he took pictures front and back measured the length of the house then stated that i could have couple more panels on it, which i greed to, but got nothing in writing on  any of that,  they were just standard panels, I am expecting them to claim his time back,

Shezz

ArbitraryRandom said:

This template, by any chance? 

https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-services/letter-to-cancel-a-contract-thats-been-breached/#

Yes I was given ref number from them also, it has been logged onto the system, they took the traders name and address. but not sure what they can do to get my money back.