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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I cancelled an order shed and the company are refusing

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I cancelled an order for a shed and the company are refusing to give me deposit back. When I ordered the shed I went into their offices and paid the deposit there. There is nothing in any of the paperwork they provided me that states under what terms and conditions they would withhold the deposit. They are now referring to the fact that their terms and conditions are on their website, these terms and conditions are not mentioned or even referenced in any of the documentation I have. I'm in the process of submitting a claim via the small claims court and the company have stated that they will counter claim my claim based on their website terms and conditions. I'm pretty sure they can't do this. What's your opinion.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Was this a shed made to measure?
Customer: replied 10 months ago.
It was yes
Expert:  Jo C. replied 10 months ago.
I suppose you didn't agree cooling off rights?
Customer: replied 10 months ago.
No nothing like that was discussed
Expert:  Jo C. replied 10 months ago.
I'm really sorry but they do have a claim.You are locked into a contract. You didn't agree cooling off rights and the distance selling regulations don't apply and even if they did this would be exempt because it is made to measure. Put simply, you are under a duty to complete in full.The reality is that they cannot force you to purchase the shed but they do have a claim for lost profits.They cannot randomly withhold the deposit. They have to show that they have suffered loss but if this is a product that is made to measure they would have a claim for at least the time spent upon it even if they didn't actually start making it.The truth is that they are wrong if they are saying they can randomly levy cancellation fines upon people but they do have a claim I'm afraid.Sorry but I have to give you truthful information.Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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