How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We wanted a quote to replace our patio doors and a salesman

Customer Question

We wanted a quote to replace our patio doors and a salesman called from a large Coy and after preliminary measurement asked us for a deposit of £1000, wh we duly gave him. We were unsure of the purchase and expressed our concerns, and no survey was done. Approx one month later we asked for return of our deposit but were told the time limit had expired
and they cd not refund the money-as per their contract. We feel, as pensioners duped.
Is it poss to have our deposit returned?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did they come to your house to sign the order please?
Customer: replied 2 years ago.
Yes, and there was no explanation regarding time limit re contract.
Expert:  Ash replied 2 years ago.
Ok. Did the contract offer you a cooling off period?
Customer: replied 2 years ago.
There was no cooling off period. The contract states that a surveyor will carry out a technical survey within 28 days of signing the contract unless otherwise agreed.We did say that we did not want the surveyor to visit as we were not sure of the project. It also states that unless we have signed the contract in the Coy's place of business we have the legal right to cancel the contract within 7 days of signing by serving written notice. When we handed over the cheque of £1000 to the salesman and signed the contract it was in our house on his first visit. From the salesman's first visit to our house and at other times by phone and a visit to the Coy's showroom over the next five weeks he knew we had major reservations regarding designs etc.
Expert:  Ash replied 2 years ago.
Ok. When did you sign, when did you try and cancel?
Customer: replied 2 years ago.
We signed the contract on 15th April 2015. Over the next five or so weeks we gave our reservations and about beginning of June we asked for our deposit back.
Expert:  Ash replied 2 years ago.
Ok, but did you ever get a written cooling off period?
Customer: replied 2 years ago.
No.
Expert:  Ash replied 2 years ago.
Ok, then you can cancel and receive a full refund. The law requires that you are given a cooling off period in writing. If not then any contract is invalid and you can cancel.
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?
Customer: replied 2 years ago.
Their contract does refer to us having the right to cancel within 7 days of signing by serving written notice. We have never received a cooling off letter. Are you saying that we must have received a separate 'letter'/notice? Your advice is very much appreciated.
Expert:  Ash replied 2 years ago.
The cooling off period must be on the order form. If not, then it is not valid.
Does that help?
Alex
Customer: replied 2 years ago.
I have gone through the order form again with a magnifying glass and there is no cooling off period. Thank you for your assistance and prompt replies.
Expert:  Ash replied 2 years ago.
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
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi- you did not ask to see the contract to check it yourself-cd this be possible please?
Expert:  Ash replied 2 years ago.
I dont need to see it if you have said there is no cooling off period. But you can email it:***@******.***
Expert:  Ash replied 2 years ago.
I have checked the contract and whilst it does have a cooling off period/cancellation slip it does not say how long it is. Therefore you can cancel.
Alex
Customer: replied 2 years ago.
Hi Alex,
Can you be a little more specific-as I understand your answer regarding cancellation slip, there is no time given? Thank you again. Apologies for appearing pedantic.
Mike.
Expert:  Ash replied 2 years ago.
No time given is 14 days therefore it's not valid and cooling off does apply to you.
Alex
Customer: replied 2 years ago.
Hi Alex,
I have written and e-mailed the Coy four times and they have said they will reply, regarding my deposit to be returned. They have not replied. Is this a tactic-how can I proceed if I don't know their answer? Thank you.
Mike.
Expert:  Ash replied 2 years ago.
Issue proceedings then.......
Alex
Customer: replied 2 years ago.
Hi Alex,
The Coy have replied by letter stating that they will allow us to cancel the contract but are unable to refund our deposit due to expenses incurred. Are they able to keep our deposit?
Thank you,
Mike.
Expert:  Ash replied 2 years ago.
No, I would claim the deposit.
Alex
Customer: replied 2 years ago.
Alex,
Do you mean I should claim via County Court?
Thank you so much.
Mike.
Expert:  Ash replied 2 years ago.
Yes: www.moneyclaim.gov.uk
Alex
Customer: replied 2 years ago.
Hi Alex,
Consumer Helpline, say that the coy by giving us 14 day cooling off they are entitled to keep the deposit. Thank you again.
Mike.
Expert:  Ash replied 2 years ago.
Mike, I think you have a claim.
Alex
Customer: replied 2 years ago.
Alex,
I am receiving one liners from you-wh I appreciate. Somehow, I am feeling very hesitant -it's like a leap in the dark-if you cd expand more it wd help. Aplogies.
Mike.
Expert:  Ash replied 2 years ago.
The law states they must tell you that you have 14 days to which to cancel. They did not and until they do that you are entitled to cancel at any time. They have not refunded the deposit and therefore you can sue for that cost.
Alex
Customer: replied 2 years ago.
Alex,
Thank you for making that clear. I suppose I am lacking confidence in that what I need is a lawyers headed paper to represent-some clout that make this Coy
'shudder'. Is there such a lawyer/firm?
Mike.
Expert:  Ash replied 2 years ago.
Indeed. Sadly I can't recommend a law firm but any one on the High Street is likely to be able to help.
Alex