Cancelled fitter. Not returning full amount as per contract
Options
denk15
Posts: 43 Forumite
Good Evening.
We contracted with a bathroom fitter but canceled within the 14 day cancellation period stated in their contract. They are now trying to keep hold of as much of our money as they can, so I am trying to see where I stand with this. I'll start my timeline below from when we got the quote through. They have 2 companies, which is where I am getting a bit confused - I'll refer to them as Fitting Company and Product Company.
Day 1 - Received quote from Fitting Company and Product Company on same email
Day 10 - Emailed back stating we were happy with the quotes
Day 12 - agreed on a start date
Day 13 - Received written contract and payment plan from Fitting Company, payment plan includes product cost
Day 18 - Paid Fitting company for product costs and a dairy deposit
Day 22 - Fitters arrived to start work. We looked at the plan they had and noticed the bath was in a different location to where we discussed. Called the boss, he quoted an extra £1,000 to have it where we want it. We told him to cancel the whole contract.
Day 23 - Sent written confirmation of our cancellation. Asked for our money to be returned.
Day 24 - Received an email telling us that Fitting Company bought products through Product Company and that Product Company's returns policy is to deduct a 30% re-stockage fee. Therefore we would only get back 70%. They also state they are going to keep the whole deposit for expenses and loss of earnings.
Ok, so the written contract states I am allowed to cancel within 14 days without giving a reason and all monies paid will be refunded.
The Fitting company received our money for products, they sent the written contract and payment schedule. If the Fitting company bought the products from the Product company, surely it is they who are bound by their returns policy?
I am not totally unreasonable, I understand they have incurred expenses sending the fitters out on the first day. I am more than willing to pay a figure for genuine expenses incurred. But they flat out refuse to refund any of the £500 deposit.
It seems to me they are not trying to cover genuine losses but to squeeze us for all they can.
One more thing, the quotes that came from Product Company didn't actually state they are a company (no Ltd/Limited or company number)
I think that's it lol
Thank you very much for your help
Thought of another detail. No products were actually delivered to us, if the fitters had brought them that day, they stayed in the van.
We contracted with a bathroom fitter but canceled within the 14 day cancellation period stated in their contract. They are now trying to keep hold of as much of our money as they can, so I am trying to see where I stand with this. I'll start my timeline below from when we got the quote through. They have 2 companies, which is where I am getting a bit confused - I'll refer to them as Fitting Company and Product Company.
Day 1 - Received quote from Fitting Company and Product Company on same email
Day 10 - Emailed back stating we were happy with the quotes
Day 12 - agreed on a start date
Day 13 - Received written contract and payment plan from Fitting Company, payment plan includes product cost
Day 18 - Paid Fitting company for product costs and a dairy deposit
Day 22 - Fitters arrived to start work. We looked at the plan they had and noticed the bath was in a different location to where we discussed. Called the boss, he quoted an extra £1,000 to have it where we want it. We told him to cancel the whole contract.
Day 23 - Sent written confirmation of our cancellation. Asked for our money to be returned.
Day 24 - Received an email telling us that Fitting Company bought products through Product Company and that Product Company's returns policy is to deduct a 30% re-stockage fee. Therefore we would only get back 70%. They also state they are going to keep the whole deposit for expenses and loss of earnings.
Ok, so the written contract states I am allowed to cancel within 14 days without giving a reason and all monies paid will be refunded.
The Fitting company received our money for products, they sent the written contract and payment schedule. If the Fitting company bought the products from the Product company, surely it is they who are bound by their returns policy?
I am not totally unreasonable, I understand they have incurred expenses sending the fitters out on the first day. I am more than willing to pay a figure for genuine expenses incurred. But they flat out refuse to refund any of the £500 deposit.
It seems to me they are not trying to cover genuine losses but to squeeze us for all they can.
One more thing, the quotes that came from Product Company didn't actually state they are a company (no Ltd/Limited or company number)
I think that's it lol
Thank you very much for your help
Thought of another detail. No products were actually delivered to us, if the fitters had brought them that day, they stayed in the van.
0
Comments
-
What does the contract say? Does it say that the contract is with FC, and that FC will procure agreed products from PC? When does it say that the contract has been formed?0
-
Thanks for the reply
The contract is with FC. Start date on it would be day 13 in my original timeline.
The only mention of product in the contract is as follows:
"We will provide these works, services, goods and materials (work):
The work is described in these Documents: Product quote"0 -
Looks like you were already in breech of contract the moment you changed the plan and then not informing fitting company of design changes that would effect the price and that’s really were the issue is0
-
Looks like you were already in breech of contract the moment you changed the plan and then not informing fitting company of design changes that would effect the price and that’s really were the issue is
Thanks for the reply. Just to make it more clear, we didn't change the plan.
When he came round to quote up the works, we told him then where we want the bath. For some reason in his plan, he put it in a different place. From start to end, we have only wanted the bath in one location.
Thanks0 -
Was the plan attached to the quote? (i.e. did you sign to accept the contract, and the plan was part of what you signed?)0
-
No it wasn't. A lesson learned for the future.
The quote was just a list.
At the moment, neither side is arguing a breach of contract.
Even if they do argue that I had changed the plan, I was still within my 14 day cancellation period - which, in the contract, says I can cancel without giving a reason.
The main 2 issues at the moment are this Re-stockage fee, and how much is reasonable to pay them for expenses on the first day.0 -
The contract started the day they turned up to work, this is the service starting which negates the cancellation period.
They have costs now, they will want them.0 -
If The company are offering a full refund for 14 days from signing of contact then I don't understand why they would turn up and start work before the 14 days is up. Having done so why would anyone expect them not to give all the money back as they said they would as I imagine that if they were sued then they would be ordered to pay it all back.Good Evening.
We contracted with a bathroom fitter but canceled within the 14 day cancellation period stated in their contract. They are now trying to keep hold of as much of our money as they can, so I am trying to see where I stand with this. I'll start my timeline below from when we got the quote through. They have 2 companies, which is where I am getting a bit confused - I'll refer to them as Fitting Company and Product Company.
Day 1 - Received quote from Fitting Company and Product Company on same email
Day 10 - Emailed back stating we were happy with the quotes
Day 12 - agreed on a start date
Day 13 - Received written contract and payment plan from Fitting Company, payment plan includes product cost
Day 18 - Paid Fitting company for product costs and a dairy deposit
Day 22 - Fitters arrived to start work. We looked at the plan they had and noticed the bath was in a different location to where we discussed. Called the boss, he quoted an extra £1,000 to have it where we want it. We told him to cancel the whole contract.
Day 23 - Sent written confirmation of our cancellation. Asked for our money to be returned.
Day 24 - Received an email telling us that Fitting Company bought products through Product Company and that Product Company's returns policy is to deduct a 30% re-stockage fee. Therefore we would only get back 70%. They also state they are going to keep the whole deposit for expenses and loss of earnings.
Ok, so the written contract states I am allowed to cancel within 14 days without giving a reason and all monies paid will be refunded.
The Fitting company received our money for products, they sent the written contract and payment schedule. If the Fitting company bought the products from the Product company, surely it is they who are bound by their returns policy?
I am not totally unreasonable, I understand they have incurred expenses sending the fitters out on the first day. I am more than willing to pay a figure for genuine expenses incurred. But they flat out refuse to refund any of the £500 deposit.
It seems to me they are not trying to cover genuine losses but to squeeze us for all they can.
One more thing, the quotes that came from Product Company didn't actually state they are a company (no Ltd/Limited or company number)
I think that's it lol
Thank you very much for your help
Thought of another detail. No products were actually delivered to us, if the fitters had brought them that day, they stayed in the van.
The fact that they took a chance on starting before the 14 days is up is their risk and tough luck.
The story of the product companies returns policy is of no concern to you
JumbleBumble0 -
The contract started the day they turned up to work, this is the service starting which negates the cancellation period.
They have costs now, they will want them.
Thanks Bris. Sorry, I don't fully understand. I thought the contract started the moment I accepted it (offer and acceptance).
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.
They didn't do any actual work, but as I have said I am willing to pay a fair amount for their time on the first day and travel expenses - but they have just kept the whole deposit, which I think is a lot more than a fair amount. The two fitters already told me the guy only pays them minimum wage.0 -
Jumblebumble wrote: »If The company are offering a full refund for 14 days from signing of contact then I don't understand why they would turn up and start work before the 14 days is up. Having done so why would anyone expect them not to give all the money back as they said they would as I imagine that if they were sued then they would be ordered to pay it all back.
The fact that they took a chance on starting before the 14 days is up is their risk and tough luck.
The story of the product companies returns policy is of no concern to you
JumbleBumble
Thanks for the reply. as in my above reply, they would only ask for works already completed if they start in the cancellation period - So surely that just means wages and travel expenses for the time they were there on the first day?
I don't know - I'm an anxious person and this is not doing my heart any good lol
They don't seem to be open to negotiation - It appears to just be scare tactics and trying to keep hold of anything they can.
First they tell me I have paid for the products so I have 7 days to pick them up. Then the day after they throw the Re-stockage fee at me.
They also say they have spoken to their legal "team" It's a tiny company, they have no legal team.
The deposit - they say I owe them for the days expenses plus loss of earnings and wages for the following 2 days - No mention of this in their cancellation terms0
This discussion has been closed.
Categories
- All Categories
- 343.3K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 248K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards