Cancelled fitter. Not returning full amount as per contract

comeandgo · 15 February 2019 at 7:55PM

But you didnt cancel within 14 days. You cancelled after they arrived to commence the contract. The company will have a lot of costs, the original visit, the time spent pricing, the time spent ordering goods, the fuel and Van costs, the employee costs for a couple of days. I don't think they would be due you much back.

denk15 · 15 February 2019 at 7:57PM

unholyangel wrote: »

And this is the main point you rely on. That they were in breach of contract. If anyone should be liable for losses, it should be them. They agreed a price of x based on your instructions to them. They then refused to honour that agreement and tried to vary the terms.

Of course they may then say theres been a mistake. But that type of mistake doesn't automatically void a contract and if it does void it, then again they have no right to keep any of your money.

Remind them that under the CCRs they need to give you certain information - including the total price and that a change to that information is not effective unless expressly agreed (ie in writing).

Thanks. This was my first thought when it started.

My issue is, I can't prove it. I don't have a copy of a written plan. It was literally me telling him what I wanted, and he wrote stuff down and then left.

I should have known early on that he wasn't paying attention as the first quote included a new floor but not ceiling work - which is exactly the opposite of what I asked for. Again, this is a lesson learned for future dealings.

denk15 · 15 February 2019 at 8:00PM

comeandgo wrote: »

But you didnt cancel within 14 days. You cancelled after they arrived to commence the contract. The company will have a lot of costs, the original visit, the time spent pricing, the time spent ordering goods, the fuel and Van costs, the employee costs for a couple of days. I don't think they would be due you much back.

I mean, I did lol that part is not in any doubt. Even they are not arguing that fact.

11 days had passed since I accepted the offer, 10 days had passed since they sent me the written contract. The contract terms don't stop when they commence work. Their contract even states that my right to cancel doesn't end once they start.

Jumblebumble · 17 February 2019 at 2:58PM

Dean000000 wrote: »

Op. You are right and wrong, and appears you have slightly conflicting terms.

You are correct that your contract is with FC. Though, our are also bound by their terms of having to pay all reasonable costs.

If their supplier (regardless of relation to FC) is charging them 30% restocking, then that’s a reasonable cost.... and you are bound by that.

I noted the following;

The contract does say that if they start work during the 14 day cancellation period, this does not affect my right to cancel within that period, but I must pay a fair amount for any work completed before they receive my cancellation

W...

Hello OP
In your OP you implied your contract promised a return of all monies if you cancelled
Now you admit this is not the case at all and the fact is that you were never promised a full refund
Therefore my previous comments ( and those of anyone who was under the same mistaken views as I was ) are not applicable and can be ignored
I unfortunetly agree with other posters that you are unlikely to ever see any of your £500 unless you go a small claims court and point out the below in which case you might win

It strikes me that this company is being quite clever as it looks like they
Deliberatly do not give their customers a proper plan of what they are doing
Turn up and then say it will cost £1000 to change
Then charge a £500 cancelation charge if the customer does not want to pay the £1000
Win Win for the company who get £500 for turning up.
JumbleBumble

pinkshoes · 17 February 2019 at 4:09PM

Most cancellation clauses are up to the point work is started, so this would no longer apply.

The issue here is a breach of contract e.g. they have deviated from the original agreement.

I would WRITE to them giving the details and what you would like to happen.

e.g. they quoted on X date to fit your bathroom as per your agreed layout, but when they turned up to start the work on Y date the plasns did not match what was discussed.

You would like them either to complete the agreed work at the agreed price, or you are happy to cancel the contract and for them to return the full deposit within 14 says.

Did you get any other quotes that showed the lay out you were wanting?

Cancelled fitter. Not returning full amount as per contract

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