Just to confirm there is no clause saying if you cancel there will be a charge?
Ok - then all she would lose is the deposit.
If there is no cancellation clause in the contact they can not hold anything beyond the £500
If they do they would be in breach of contract
They can only act in the terms of the contract.
Therefore unless its in the contract, they can not do anything
Can I clarify anything for you about this today please?
I am not sure I am with you?
You want to cancel and paid a £500 deposit? If so that is all you will lose.
They can't stop you.
They have a contract
They can't change the terms after it has been agreed
Indeed. They can't change the terms, that is breach of contract
Yes. You could of course try and sue in the small claims Court if you wish for the £500 and I can outline that procedure?
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 signed 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.
Good luck - can I help with anything else?
Thanks. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
Great. Good luck