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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Signed contract glazing on the basis of promised

Customer Question

Signed contract for double glazing on the basis of promised installation of earliest 8 weeks longest 10 weeks; paid 20% deposit. 3 weeks later telephoned to get progress report only to find that the order had not been processed due to a query from surveyor. Turned out that their surveyor had confused my order with another's. New delivery quoted 12 weeks, making delivery 15 weeks. Nothing could be done to improve on this. I said this was unacceptable and if the glazing could not be delivered as agreed in my contract I would have to cancel. The company response was one of indifference. I cancelled the contract and the company are refusing to refund my deposit citing breach of contract.
Your advice would be much appreciated.
Janet
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you wit this.Did you sign the contract over the phone, on your property etc?What does it say about delivery dates please Janet?
Customer: replied 8 months ago.
Hello Alex,
I signed the contract at my home and the paperwork. The salesman verbally quoted 8/10 weeks and then entered this on the contract.
Thanks v.much
Janet
Expert:  Ash replied 8 months ago.
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?Alex
Customer: replied 8 months ago.
Hi Alex,
Thank you for your advice - I have just recd an email from Glazing Ombudsman saying their decision is there is no reward or remedy required from Anglian Home Improvements. Does your advice remain the same? Sum involved is £4,200 contract was £24,000 - because they believe I am in breach I can be asked for 30% of contract
Janet
Expert:  Ash replied 8 months ago.
My advice remains the same Janet. You can still seek a refund Janet.
Expert:  Ash replied 8 months ago.
Can I clarify anything for you? Alex
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.
Expert:  Ash replied 8 months ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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