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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I put down payment on a made to measure recling chair ,a total

Resolved Question:

I put down payment on a made to measure recling chair ,a total of £1700 .
Before signing I was assured the chair would have the function I required, on arrival the chair didn't have this function ,so refused to accept it.
I approached the company for refund of my deposit only to be told they would return £625. only.
I signed for item they didn't deliver. am I able to claim full refund for breach of contract.
Many thanks. Bryan
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.
What was the function and do they accept that it didn't have it?
Customer: replied 2 years ago.
The function was footrest didn't come to waist height as promised and backrest didn't stay upright as promised.
The company will not except the rep gave me wrong information.
Expert:  Jo C. replied 2 years ago.
And I suppose it isn't written down anywhere?
Customer: replied 2 years ago.
Rep was told what I required and I signed order only with this assurance
Expert:  Jo C. replied 2 years ago.
Ok.
So is it written down anywhere?
Customer: replied 2 years ago.
Sorry dear no it isn't.
Expert:  Jo C. replied 2 years ago.
This will centre on whether you can prove what was said. It is always very difficult to do that when the contract is silent.
Ultimately they have performed and you are liable unless you can prove that this was a material term. On your account it is. On theirs it is not. It depends who is believed.
This is a made to measure chair and so I imagine they are saying they cannot sell it to another. If so, then you are liable for the full amount unless you can show that they are in breach. For that reason, reclaiming the deposit would carry the risk of them counterclaiming for the full sum.
This really comes down to how much risk you are prepared to run. They may give in if you sue and just refund the full amount. They may dig their heels in and counter claim.
If the latter happens then you are dependant upon which of you is believed.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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