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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed a contract to purchase a conservatory from Everest

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I signed a contract to purchase a conservatory from Everest Home Improvements on 28th Marchfor £13000 on 28th March subject to survey of my property. Ahter the survey on 11th April the price rose to £17800 (approx 40% increase) I signed that fresh amendment of price document. I now wish to cancel the purchase within the 14 days allowed as a statutory right. I am told by the salesman I will lose my deposit of £3000 if I do so because I signed the contract on 28th March whereas I believe the effective date of signing is the 11th April
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.When did you initially try and cancel please?Alex
Customer: replied 1 year ago.
I am cancelling today but raised the isue with the salesman and customer issues 18th April 2016
Expert:  Ash replied 1 year ago.
So in effect its a new order because the price has changed. My view is that The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do apply. This is because it is a NEW order.As such you should stick by your guns and say no. They can try and take you to Court but I doubt they would be able to.In any event you are entitled to ask for your deposit back - they changed the contract. That is not your fault.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
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