Hello I am a lawyer with over 15 years experience. I will try to help you with this.
Can you explain a little more please? Did you enter into an agreement to replace windows and now are unable to afford it. This is because of unexpected urgent repairs arising? Is it the same company doing the windows as did the work? Is there a written contract? Has the window company carried out any work yet? If you answer these questions and give a bit more detail generally I will be able to give you a useful answer.
I entered an agreement on the condition that I would have the money a year after salesman called to house.
Yes urgent repairs to house took priority - No a different company did repairs - dispute is with window company - more an order than a contract - No they have not carried out any work!
Thank you for that. I am at court at the moment but will answer you later today. I hope that is O K.
Yes no problem - would appreciate response today if possible
OK so you placed an order to have windows fitted a year in advance and paid a deposit of £270.00. If there was an agreement signed, the starting point for assessing your rights will be that agreement. What does it say about cancellation of the work. Does it simply state that you will lose the deposit or does it state that you will incur other payments by doing so. If it does say this how is it justified. Penalty clauses are generally unenforceable and any extra payment would need to be justified by reference to costs that they have incurred.
The normal position is that you can cancel work before it is started and the inly penalty you would incur would be the loss of a deposit. If the window company claim this is not the case here what do they say is the position?
It does sound like a slightly odd agreement with a year’s delay built into it. Why was that delay built in?
When you say “The company are not listening to what I have told them..” what have you told them? Have you put it in writing that you no longer want them to make and fit the windows and what has been their response?
I told the company that I was not in a financial position to have the work carried out - their response was that they would enforce the contract and I could not cancel it. As manufacture and installation has not been started I cannot see how I cannot cancel - the 7 day period of cancellation did not apply as I clearly stated that the order could not be commenced until 12 months later (to which they agreed). I have e mailed the company stating I needed to cancel the order. Costs to the company have been of a clerical nature I agree. Loss of gross profit if the order is cancelled seems excessive!
It seems to me that you can cancel this agreement. You will only be liable for costs actually incurred by the company already (eg if they have bought the timber and glass to make the windows already and can not use them in other projects or if they have turned down other work to take on yours). Unless the work is due to start in the very near future this is unlikely. In strict legal terms you will be in breach of contract but their claim will be limited or non-existent for the reasons set out above. They can not enforce the contract in the sense of insisting that they carry out the work they can only sue for compensation for losses incurred as a result of your breach. They cannot claim for loss of gross profit, only for actual losses incurred. They also have a duty to minimise their loss ie to look for and take on new work to fill the gap in their diary, they may be able to move other projects around to fit yours in and if so they should do so.
I hope this answer helps.