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, Thank you question and welcome. My name is ***** ***** I will assist you. Do you have anything in writing confirming that the doors need to be suitable next to the sea and therefore must withstand extreme weather? Have they actually started making the windows? Have you put them on notice that your wish to cancel the order?
the patio doors I hope to get sorted, it's the contract I signed in October soffits and fascia's I wish to cancel because I have lost trust in their products.
The work soffits and fascias isn't due to start until May of this year, these are stock items, the company in the contract say they can charge up to 60% . If they don't incur any costs, can they still charge me %,is the fact their previous work has been sub standard a valid enough reason to cancel the contract.
, Thank you. They would have to prove that the 60% figure is a genuine pre estimate of their loss. If they cannot then it is potentially a penalty of contract which is unenforceable under English Law.
- They are dealing with you as a consumer and have an obligation to ensure your rights are not abused;
- 60% as a cancellation charge is hugely onerous and in your opinion does not support any evidence of loss suffered;
- Say that as this does not seem like a legitimate pre estimate of loss - you believe it is a penalty clause and therefore would be unenforceable under English Law;
-Say that you will agree (begrudgingly) to forfeit the deposit only in order to resolve this quickly, however you have found their service to be inadequate and you should not be forced to continue to use it;
- Say if they chase you money you reserve the right to:
(i) Complain to Trading Standards
(ii) Treat any demand as unlawful harassment under S.40 of the Administration of Justice Act 1970 - which is a criminal offence.
Thank you that answers my question -Warm regards ***** *****