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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I [paid a deposit £240 00 for some fitted wardrobes, A surveyor

Resolved Question:

I [paid a deposit £240 00 for some fitted wardrobes, A surveyor was booked to measure these but failed to arrive. I had taken time off work for this and lost money.
I rang the company but was given no reason for this apart from 'he is usually very good'
I have cancelled the order but the firm now says there is no cooling off period and will not refund my deposit.
They did offer me £50 for the missed appointment and said they would reschedule the appointment. Which I declined on both counts.
They could not have started any manufacturing as they did not have any measurement's.
Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there a cooling off period in your contract?
Customer: replied 2 years ago.

No.

Expert:  Jo C. replied 2 years ago.
Thanks.
Unfortunately you are in breach. I presume you did not agree that time was of the essence in the contract as that would not be common and anyway have not let them reschedule. Unless you specifically agreed a right to cancel, there is none. The distance selling regulations do not apply because this is a made to measure product.
However, they do only have a claim for the sum of their loss. Manufacturing would not have begun so you not liable for the full cost. They do have a claim for some admin costs and possibly for the missed appointment depending on what actually did happen there. If he was just delayed by 30 mins then arguably they could claim for his time. If he didn't show up at all then probably not. Either way though, that is not going to amount to £240.
Come what may though, if they refuse to pay your only option is to sue them. Whether they would contest this is another matter. It isn't really worth the manpower for the sum that they would recover. It is possible they could dig their heels in but it is equally possibly they could just settle.
It is probably a good idea to send them a letter before action before suing. Maybe they will ignore it. Maybe not. it will protect you from costs if you do have to sue them.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The total cost was twelve hundred pounds.

deposit 240 .00 Can they ask for any of the balance.

Expert:  Jo C. replied 2 years ago.
Yes, but only if they can prove that it represents their loss.
If they haven't started manufacturing yet then it should not.
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