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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I paid a deposit to an interior designer who has not fulfilled

Customer Question

I paid a deposit to an interior designer who has not fulfilled her brief. I paid £1000 and have asked for a refund. Can I do anything about this?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is***** am a qualified solicitor and I am happy to help you today. Please can you explain the situation in more detail? Has she carried out the work at all?
Customer: replied 1 year ago.
Hi. I know this is a small matter but it's really got my goat! Her first letter was to do interior design for 3 areas of the house, she turned up with mood boards for 2 rooms and not to my taste at all, although we had discussed it all. I paid £1000 deposit, she said it would be £2000 for it all which would be refundable on completion of the product.
Expert:  Jenny replied 1 year ago.
I'm a bit confused, has she carried out the work or not, it is important that I understand the situation fully.
Customer: replied 1 year ago.
She has made 2 mood boards to show me suggested work. There has been no work on the house in actual decoration work.
Expert:  Jenny replied 1 year ago.
Thank you and you are, I assume not happy with the suggested work, has she changed the plans to meet what you do want? Are you just asking for the deposit (£1000) to be refunded?
Customer: replied 1 year ago.
I was not happy with the suggested work and said I'd lost confidence that we were going down the right track. Today I asked her for £600 to be refunded to me, she said no as she has done more work on an hourly rate than that. There is no mention of hourly rates in the letter. I said that she hasn't fulfilled what she said she would do in the first letter to me (ie. plan the look for the hall immediately - there was no mention of any hall work or decoration on the mood boards).
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** letter of engagement (contract) state what will happen if you are not happy with the plans?
Customer: replied 1 year ago.
No, nothing.
Customer: replied 1 year ago.
She says in letter "as part of the design process we tackle floor, wall and ceiling finishes, lighting, the stove area, furniture, storage and display furniture, soft furnishings and budgeting for the project. We can plan the look for the hall immediately. I will charge £2000.00 for concept design boards for the three areas. This will be refundable on completion of the project (TV and sitting rooms) and includes VAT @ 20%. "
Customer: replied 1 year ago.
She then came with 2 mood boards, stated that she hadn't done the hall area (so that is the 3rd area). The mood boards were not to my taste but had 1 light on them, a sofa she said was just for an idea but not what she really had in mind, no floor coverings, no fire hearth ideas, but not in colours that we'd talked about in her visit before.
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** to send her a letter before action to state that on the basis of the drawings you are not satisfied that the work is of a satisfactory (reasonable) standard and therefore you want to terminate the contract and require a refund of the deposit paid under the Supply of Goods and Services , you can also say that she is in breach of contract for failing to produce drawings in accordance with your instructions. You can say that you believe that you are entitled to a full refund but in order to avoid litigation you will accept £600. You should give her 14 days to agree a solution. Hopefully she will agree to it otherwise you can bring a small claim online at www.moneyclaim.gov.ukIf you have any further questions please ask. Otherwise I would be grateful if you would rate my answer before leaving the site. Thank you and all the best.
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Customer: replied 1 year ago.
Ok. Thank you very much. I will do that.
Expert:  Jenny replied 1 year ago.
No problem, good luck with it and thanks for rating my answer.
Customer: replied 1 year ago.
HiI wrote to the interior designer as you suggested giving her 14 days to reply and stating that I would accept £600 back as a refund (I paid her £1000). She has written back with quite a long letter disputing what I said in my letter, and with a cheque for £200.00. I do not want to accept £200.00. What should I do now?
Expert:  Jenny replied 1 year ago.
If you bank the cheque and the letter states it is in full and final settlement then you will not be able to claim. Your options are either to bank the cheque and cut your losses or send it back and claim.
Customer: replied 1 year ago.
Yes it says she offers me £200 as a full and final settlement. So do I send it back and just say I don't accept it? And then make a claim at the moneyclaim.gov.uk ? Does that cost me money?
Expert:  Jenny replied 1 year ago.
Hi yes you do that and then make the claim , the issue fee for the claim is £60.
Customer: replied 1 year ago.
Ok thanks for your help.
Expert:  Jenny replied 1 year ago.
no problem