Deposit refund, where do I stand?

2

Comments

  • pinkshoes
    pinkshoes Posts: 20,082 Forumite
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    kswilson89 wrote: »
    Nope I didn't agree to it at all, I asked him to reconsider giving me a refund. Am I obliged to give him 14 days to complete the body? As I don't want it now that we're 32 weeks down the line, I would just prefer a full refund of the deposit.



    Is this available at any post office? Does it need to be dated and stamped?

    Thanks for your help everyone

    You ought to give him a chance to complete it, but...

    I would be tempted to say in the letter that as he has now sold the body which was not agreed, then he has 14 days to refund in full before court action as he will no longer be able to supply what you wanted.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • kswilson89
    kswilson89 Posts: 10 Forumite
    It does ... the only caveat is that any claim would need to be pursued through the NI courts. You could try raising a paper claim (i.e. not through MCOL) to transfer jurisdiction to the English courts, but that may have its own pitfalls and expenses which could swamp the value of what you're claiming.

    Unless he turns out to be reasonable then I suspect you may have to kiss goodbye to the £150.

    I'd argue that the chances of him selling the body are pretty high, this is his sole business and he is very popular, making parts for many famous musicians and guitar players. Plus the specification I asked for was relatively common and the body was finished in a popular colour.

    Regarding the estimate, is it justifiable for him to state an estimate and then give the reason of "expanding the business" for it being late? Expanding the business at my detriment.

    Also, if I hadn't have got in touch with him I would never have received the £50 back. If indeed he did sell it then why didn't he give me that money there and then?

    Do you think I have a case if I were to argue all these points, amongst the rest?

    Thanks for your help again.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
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    Why don't you just write the letter, send it from a PO away from your own address, certificate of postage available at any PO.

    If he pays up all done & dusted, if he doesn't that will be the time to decide on further action and where and whether it's worth it.
  • kswilson89
    kswilson89 Posts: 10 Forumite
    Why don't you just write the letter, send it from a PO away from your own address, certificate of postage available at any PO.

    If he pays up all done & dusted, if he doesn't that will be the time to decide on further action and where and whether it's worth it.

    Sounds like good advice. Is there a particular reason to use a PO box? I'm not that bothered if he knows my home address. Also, should I tell him via email (as that's how we've been communicating) that I'll be sending the letter? It could possibly prompt him to act on it straight away.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    kswilson89 wrote: »
    Sounds like good advice. Is there a particular reason to use a PO box? I'm not that bothered if he knows my home address. Also, should I tell him via email (as that's how we've been communicating) that I'll be sending the letter? It could possibly prompt him to act on it straight away.

    I've looked several times and can't see anyone saying use a PO Box.
  • kswilson89
    kswilson89 Posts: 10 Forumite
    I've looked several times and can't see anyone saying use a PO Box.


    You're right, my mistake.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
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    edited 31 October 2019 at 2:19AM
    The reason for posting with a postmark away from your address is that he knows where you live and could deny he's received the letter. 1st class is deemed to have arrived 2/3 days after posting but it will just complicate matters if he does deny receiving the letter. If you've written to him before he'll know your handwriting so get someone else to address it.

    No - don't warn him.

    Please can somebody direct OP to a standard Letter before Action?!
  • DoaM
    DoaM Posts: 11,863 Forumite
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    LadyDee wrote: »
    Please can somebody direct OP to a standard Letter before Action?!

    I'm sure the OP is as equally capable of using Google as any of us. ;)
  • kswilson89
    kswilson89 Posts: 10 Forumite
    edited 31 October 2019 at 10:46AM
    The reason for posting with a postmark away from your address is that he knows where you live and could deny he's received the letter. 1st class is deemed to have arrived 2/3 days after posting but it will just complicate matters if he does deny receiving the letter. If you've written to him before he'll know your handwriting so get someone else to address it.

    No - don't warn him.

    Please can somebody direct OP to a standard Letter before Action?!

    Okay, I've already searched for some LBA templates so I've got a good idea of what to put in the letter. Also, could I not just send it via recorded/special delivery to ensure confirmation of delivery?
  • wesleyad
    wesleyad Posts: 754 Forumite
    First Post First Anniversary
    kswilson89 wrote: »
    Okay, I've already searched for some LBA templates so I've got a good idea of what to put in the letter. Also, could I not just send it via recorded/special delivery to ensure confirmation of delivery?

    Generally the advice is not to send it via any sort of "signed for" service as he can then refuse to take it (although I'd have thought this very rarely happens unless they know its coming). I think recorded would be ok as that's just posted through the box I think?
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