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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I paid a 10% deposit to a large home improvements firm to install

Customer Question

I paid a 10% deposit to a large home improvements firm to install three windows to my property. On the date of installation, the fitter came but as no scaffolding had been erected the job could not be done. It was rescheduled for three days later. On that day, the scaffolding was up but no fitter came. I contacted the firm to request my deposit back as at that point I had no faith in them and did not want them to install the windows.

They were unwilling to return my deposit and now want to issue court proceedings against me for breach of contract, requesting I pay 80% of the final price which is over £1600.

I have since had the windows installed by another company as the windows in place were a health and safety hazard.

I would like to know if this company has a case against me, given they initially breached the contract twice prior to me requesting the return of my deposit. Do you think I should pay what they are asking or let them issue proceedings?

Thanks
Aileen
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 :

How did you pay the deposit? Did they come to you to sign the contract or did you go to them please?

JACUSTOMER-1ds1bgda- : I paid by debit card and signed a contract on that date - it was in September 2013. As you are offline, can you please respond to my email address: [email protected]
Alex Watts :

But did you sign at your house?

JACUSTOMER-1ds1bgda- :

Yes

Alex Watts : Did they give you a document which has cancellation rights on it please?
JACUSTOMER-1ds1bgda- :

Full Size Image

JACUSTOMER-1ds1bgda- :

Aglian contract.pdf

JACUSTOMER-1ds1bgda- :

Aglian contract.pdf

JACUSTOMER-1ds1bgda- :

JACUSTOMER-1ds1bgda- :

They are saying I am breaching Clause 9 of the contract

Alex Watts :

I can't really see it, it is a poor contract

Alex Watts :

However Anglian are known to be poor.

Alex Watts :

It does have a cancellation cooling off so you can't cancel under that.

Alex Watts :

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

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today 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/

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