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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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We live in Scotland and have a dispute with a company

Resolved Question:

Hello, we live in Scotland and have a dispute with a company in Scotland.
We paid £3500 deposit for a house kit.
The built of the kid was delayed and the company offered 1) to accept the delay 2) use a different builder but the price would increase 3) cancel contract and repay deposit - £500 +VAT. We choose to cancel. All this was done over the phone. All we have is an e-mail confirming that our deposit would be repaid as agreed.
Now the company refuses to repay, referring to their terms and conditions and the costs they incurred. Is the e-mail a valid agreement from their side?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
By agreeing to pay your deposit back they have unilaterally varied their terms and conditions and you have accepted the variation. They can't now go back and rely on the terms and conditions.
Give them seven days written notice that if they don't pay you will sue them. This is a very simple issue of contract and they can't go back on what they have already agreed and you have accepted.
Remember:
offer + acceptance = contract
I hope this helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you.

I understand the fact that they confirmed by e-mail the refund of the majority of our deposit is a variation to their contract. We accepted that variation by confirming our address details for the cheque with the refund?

Expert:  JGM replied 2 years ago.
That's fine, an acceptance can be implied from the actings of the party.
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