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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I paid a deposit alarm system at the grand designs show.

Resolved Question:

I paid a deposit for an alarm system at the grand designs show. I couple of days later I wrote to them canceling the order. They have stated they incurred costs and out of the £245 deposit paid they refunded £16.75. I was under the belief I had a cooling off period plus I was told the deport was fully refundable. Am I entitled to a full refund?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How did you order it please?
Customer: replied 2 years ago.
We sat with them at their trade stand. They showed what we were buying and we signed the form and paid a deposit. Which we were told was refundable
Expert:  Ash replied 2 years ago.
Ok. Anything in the contract which says it is refundable?
Customer: replied 2 years ago.
No and it does state a cancellation policy where they can charge up to 30% of the total price. They did not go through those terms and I also believed I had a right to cancel anyway as part of my consumer rights
Expert:  Ash replied 2 years ago.
You only have a right if you ordered online/over the phone or they came to your home. Then you are entitled to 14 days.
However if this was at a trade show then sadly you do not have any cooling off period, save for what is in the contract. But if you want a refund I will outline the process.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I guess my only question would be would I be likely to win this if it went to small claims court
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex