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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I paid £555 to a roofing company as a deposit for work on my

Resolved Question:

I paid £555 to a roofing company as a deposit for work on my property. The following day I cancelled the contract. This was on 2/9/14. In spite of several phone calls, letters and E-Mails I have not had my deposit returned. what is my next action.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree a cooling off period or other rights of cancellation?
Customer: replied 3 years ago.

The contract stated that even without the cooling of period any money would be refunded ,les any owed for work already done. No work was done as I cancelled the day after signing the contract.

Expert:  Jo C. replied 3 years ago.
That suggests there was a cancellation period?
What does it say on that point?
Customer: replied 3 years ago.

The cancellation period was 14 days . If you waived the cancellation period and then cancelled, you were then charged for any work already done. None was.

Expert:  Jo C. replied 3 years ago.
I presume you didn't waive the cancellation period?
If you did not then you cancelled within it and you are entitled to your deposit back. Even if they could charge for some work it would not cover the full amount so there would be a refund due of some level.
If they refuse to pay though your only option is to sue. You cannot force them to pay in any other way.
It is probably a good idea to send them one letter setting down the amount that is due and the time frame for repayment. Also, make clear that you will sue if they do not agree. I do realise that you might well have done similar things already but it is worth sending one final demand to avoid the risk of costs at court.
If they still do not comply then issue against them here
www.moneyclaim.gov.uk
It is very unlikely that you will need to go to court as they will not contest the claim.
Can I clarify anything for you?
Jo
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