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    • Scotbot
    • By Scotbot 4th Dec 17, 6:12 PM
    • 140Posts
    • 97Thanks
    Cancelling new heating installation
    • #1
    • 4th Dec 17, 6:12 PM
    Cancelling new heating installation 4th Dec 17 at 6:12 PM
    I got a quote for a new heating system and provisionally arranged a date over the phone. Have not signed the acceptance or paid the deposit. I then changed my mind but they have invoiced me the deposit of 1500 and say they can't cancel the booking. Do I have to pay it? I tried to cancel 9 days before they were due.
Page 1
    • TheCyclingProgrammer
    • By TheCyclingProgrammer 4th Dec 17, 7:19 PM
    • 3,165 Posts
    • 1,846 Thanks
    • #2
    • 4th Dec 17, 7:19 PM
    • #2
    • 4th Dec 17, 7:19 PM
    What does the paperwork you've received say? What was the minimum notice required before you could cancel without forfeiting any deposit? IANAL so this just my laymen opinion:

    I think there's an argument to be made that you haven't actually accepted the quote - a verbal contract can be binding but provisionally agreeing a date doesn't sound like a strong basis for a contract to be formed. If they've sent you a written quote and expected you to sign an agreement form then that could form a contract. Paying the deposit would probably be seen as an implicit agreement too, but on the basis that you've neither paid the deposit or returned the agreement they've provided in my non-legal opinion its hard to prove that any contract has been formed.

    I would have expected them to chase up the payment of the deposit and signed agreement before the cut-off date for cancellation and for *them* to cancel the job at this point unless you paid the deposit.

    If you refuse to pay the invoice, they would have to take you to small claims court, so you'd need to be sure of your position.

    If I were in your position and I was satisfied I hadn't formed a contract then I would not pay the invoice. The wording on any documents you have from them is crucial.
    Last edited by TheCyclingProgrammer; 04-12-2017 at 7:22 PM.
    • Scotbot
    • By Scotbot 4th Dec 17, 8:02 PM
    • 140 Posts
    • 97 Thanks
    • #3
    • 4th Dec 17, 8:02 PM
    • #3
    • 4th Dec 17, 8:02 PM
    In writing I have the quote and an order acceptance form. I have not signed the acceptance form. It says nothing about cancelling. The salesman told me if I cancelled I wouldn't get the deposit back and when I told him I hadn't paid it he tried to argue I had!
    • tired dad
    • By tired dad 5th Dec 17, 6:40 AM
    • 536 Posts
    • 179 Thanks
    tired dad
    • #4
    • 5th Dec 17, 6:40 AM
    • #4
    • 5th Dec 17, 6:40 AM
    Struggling to see how a contract has been made with nothing paid or signed.
    • Aylesbury Duck
    • By Aylesbury Duck 5th Dec 17, 7:57 AM
    • 1,849 Posts
    • 2,492 Thanks
    Aylesbury Duck
    • #5
    • 5th Dec 17, 7:57 AM
    • #5
    • 5th Dec 17, 7:57 AM
    No, you don't have to pay it if your account is accurate. Don't entertain any further discussion with them.
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