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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70011
Experience:  Over 5 years in practice
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My mum has paid £1300 deposit for a bathroom to be made into

Resolved Question:

My mum has paid £1300 deposit for a bathroom to be made into a wetroom as she suffers from MS. Her condition got worse, and she thought it would be better to convert the garage and have a wetroom downstairs. She contacted the company and explained and they agree to contact her after two weeks to see what she had decided. No one from the company called back. No work has been started and no items have been ordered for her wetroom (this was confirmed by the company when I called). The company are refusing to refund any of the deposit, and she desperately needs that money back to assist with the conversion. When both my partner (who works in construction) and myself spoke with them the company said they couldn't see it being a problem in refunding the money. We have even given them the chance to do the bathroom just differently and quote for the new wetroom but no one has bothered to call us back. Where does my mother stand in getting the money back
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long have you been waiting?
Customer: replied 3 years ago.

we waited the two weeks, then an extra 1 week to give them a chance to contact my mum, after which, my partner called the company. The same company organised a boiler to be fitted separately in the house, and the gentleman insisted my mum paid cash for the boiler and the service

Customer: replied 3 years ago.

is that what you meant, how long have we been waiting re the company or how long on this site?

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously she is in breach of contract with them. There's no way around that. She agreed to have this done and has not. Unless she agreed cooling off rights they do have a claim against her.

The question is for what loss. They cannot make her have this work done. All they can do is sue them for their loss. If no work has begun and no items have been ordered then the very highest claim they could make is some admin costs which isn't going to amount to anything like the sum of the deposit.

That said though, whatever should or should not be happening here, the fact remains that they will not pay. If they refuse to pay then the only remedy is to sue. They cannot be beaten with a stick until they do pay.

You can issue against them here

www.moneyclaim.gov.uk

But send them a letter before action first making clear that if they do not pay within 14 days then you will sue and reclaim the costs from them. Maybe that will work. Maybe not. But it will protect you from costs.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70011
Experience: Over 5 years in practice
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