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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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Am i entitled to not return a deposit that have

Resolved Question:

Hi,
Am i entitled to not return a deposit for works that have been cancelled by the client, when i have stared the job.
Where do i stand legally ?
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi,

I recently quoted and won a job to do 70 m2 of under floor heating in a domestic residence, I received a deposit and ordered the materials, Straight away the client was pushing for a start date, I responded by saying i would confirm a start date when the materials arrive via postal service, In the meantime i will along with two of my guys come and remove the existing flooring ect which we did, When the materials arrive they were wrong so they had to go back, The client then started sending a torrent of messages, Firstly being very pushy then started threatening me with her two policeman sons ! Then she cancelled the job, She has also contacted my employers and has been making false accusations, I work as a construction manager during the week, I do my underfloor heating in the evenings and at weekends.

Where do i stand as far as the law says, I have incurred costs, wages for the other men, time and effort personally put in plus the aggravation with my employers.

Regards

Joel.

Expert:  Jo C. replied 2 years ago.
Can you use the materials for another job?
Customer: replied 2 years ago.

No they are job specific, I have returned them and waiting for the supplier to refund me.

My terms of business do say that deposits are non-refundable.

Expert:  Jo C. replied 2 years ago.
Ok.
Whatever your contract or terms of business says on the point, I'm afraid that is not lawful.
This person is in breach of contract and you do have a claim but only for the loss of your loss. That would not include materials since you are being refunded. It would include wages for which you have paid already. It would also arguably include a lost profits claim.
That may or may not exceed the sum of the deposit.
If it does you can always sue here
www.moneyclaim.gov.uk
Further, if she makes any further threats about her police officer sons I would tell her you will complain to the IPCC as it is completely inappropriate for police powers to be used over this. In fairness, they have not made this threat. She has and she is not an officer.
If she is making false allegations then that is defamation. I wouldn't touch that action though because it is very expensive but you could send her a letter before action. If she carries on then that is harassment which is much cheaper.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo.

Kind regards

Joel

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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