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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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Can I get my deposit back if I change my mind about using a

Resolved Question:

can I get my deposit back if I change my mind about using a tradesman. I have signed an agreement
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 type of tradesmen?
How much work has he done?
Did you agree cooling off rights?
Customer: replied 2 years ago.

Roofer

has not started

Did not discuss subject

Expert:  Jo C. replied 2 years ago.
Has he done any assessment?
I presume he has been to the property?
Customer: replied 2 years ago.

Sorry, I somehow got re-directed to a new question.

An assessment was done at the property and a quote given. This was dealt with by my sister on behalf of our stepmother.

I felt the quote was excessive and the way the final price was negotiated was suspicious. I am also wary of the company's credentials.

Expert:  Jo C. replied 2 years ago.
Thanks.
The starting point is that you are locked into a contract if you didn't agree cooling off rights. If this was a home sell then it would normally be covered by the distance selling regulations but you seem to be describing made to measure products so it would be exempt.
However, they only have a claim for the sum of their loss rather than the full amount due under the contract or the sum of the deposit. Since nothing really has been done it is very unlikely to be a substantial amount.
He may not be happy to agree and it may even be that you have to sue him at the small claims court but you would recover some if not all of the deposit.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks,

Just to clarify, we would not be entitled to have our deposit refunded, and he might apply for additional compensation?

Expert:  Jo C. replied 2 years ago.
No.
They only have a claim for the sum of their loss rather than the full amount due under the contract or the sum of the deposit. Since nothing really has been done it is very unlikely to be a substantial amount.
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