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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hello not sure if you can help. my wife and i wanted to get

Customer Question

hello
not sure if you can help.
my wife and i wanted to get some new windows fitted with angla windows. we paid a depost of £100 by card and we gave them a post dated cheque for £298.
Anglea windows took the money from the bank 1 week beofre they should. We managed to put a sopt on the cheque but we still got charged by the bank.
With this they now want the money which due to this im not happy with getting them to do my windows. Did they breck the contract by trying to take the money before they should have, whcih means they have to cencel the contrack??

my email [email protected]
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did they come to your house to sign the contract? If so when was it? What date did they take the money please?

JACUSTOMER-cdh31jz3- :

hello

JACUSTOMER-cdh31jz3- :

they took a card payment for £100 when the came round in 17.12.13 and said that a post dated cheque would be fine for the rest in Jan2014

Alex Watts :

OK. Have they done the work?

JACUSTOMER-cdh31jz3- :

no work has been done, no survary has come round, nothing has been done what so ever, all we have paid is the £100, but when they took the post dated cheque they and took money before hand and the bank charged us

Alex Watts :

Technically it is breach of contract yes and you could sue for loss and damage.

Alex Watts :

But its not a breach that means you could cancel the contract

JACUSTOMER-cdh31jz3- :

so im sure im not going to get the money back the £100, but they also said if we dont give them money by the end of the day they will go to there legal team

Alex Watts :

Yes.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-cdh31jz3- :

thank you very much i think thats it for the time being

JACUSTOMER-cdh31jz3- :

thanks you

JACUSTOMER-cdh31jz3- :

can i email i copy of this for me please

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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