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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3471
Experience:  Solicitors 2 years plus PQE
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Alex J. is online now

Got a quote to have boiler and hot water tank replaced.

Customer Question

Got a quote to have boiler and hot water tank replaced. Confirmed I would like to go ahead and they took a payment as confirmation and we agreed a date. Due to personal circumstances I will not in be in the country on the date agreed and I wanted to push it out to August, they did confirm that they could do this but that would likely be an increase in cost and they couldn't confirm what that would be. I advised that it might be easier for me to cancel the order, as I felt that I was within the 14 day cooling off period, and re-book later in the year.
I confirmed the order via phone on the 28th April.
Deposit (except they didn't advise that this was what it was) taken out of my account on 3rd May
Called on 10th May to explain that I needed to change date
call 11th May advising that I could move to August be price would increase
Via email 12th May in view of their response I wanted to cancel and that I would like my deposit back less any admin. they may have incurred
Advised by MD that the deposit was not refundable and that they had paid commission etc on the order and that they didn't have to refund me,
Would like to know the position regarding cancelling with in the "14 day cooling off period" seeing as the work had not been commenced nor would be for a number of weeks. Am I entitled to push to have a proportion of the £537 paid refunded
Many thanks
Submitted: 4 months ago.
Category: Law
Expert:  Alex J. replied 4 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Were you given any terms and conditions notifying you of charges for any cancellations? Were you ever told the deposit was non refundable? Did you pay by credit card? Kind regards AJ

Customer: replied 4 months ago.
No I wasn't and I asked them to point me to the part in their terms and conditions that states charges. I checked the acceptance document and this doesn't mention it either. It was confirmed over the phone and again they didn't at any stage tell me that the money i was paying was no refundable. I wish I had paid by credit but I think that they charged more for that so I did via my debit card.
Customer: replied 4 months ago.
Below is the last email that I received when I went back and said I would take advise and come backRE: Boiler Installation
***** ***** Add to contacts 17/05/2016 Unflag this message Photos
To: ***** ********@******.***
Hi Maggie,I understand your points but unfortunately due to the costs that we incur once a deposit is taken and the costs prior to that we do not refund them.We are working within the legislation and there is no requirement to detail that a deposit is non-refundable. I believe this to be quite common as I have personally encountered similar experiences.I am sorry that this isn’t what you would like but am more than happy to honour the offer I put forward in my original email.
Expert:  Alex J. replied 4 months ago.

Hi, Thank you. You are entitled to a cooling off period of 14 days for any service you purchased over the phone or on the internet. Did you pay the deposit over the phone on 28 April? Or did you make the payment on the 3rd?

Customer: replied 4 months ago.
I made the payment over the phone on the 28th I checked the amount left my account on the 3rd May
Customer: replied 4 months ago.
Also when I pointed out that I felt I was entitled to a cooling off period here is the response that I received. I would like something that I can go back to them with so that they know I have checked this out and feel that they should refund me the moneyI am sorry but the position Aura Gas adopt is that we are unable to refund any deposit. I am fully aware of the consumer credit legislation and this is prevalent to sales that have been done in your home. As a business we leave a quote with a consumer giving them the option to review this at their leisure and then proceed. Therefore the deposit is not covered by this legislation.Once the deposit is taken we encounter a number of expenses in paying for the sales commission, additional admin and we have already paid for the original enquiry for your boiler from the lead generator. Therefore we currently sit cost neutral and that is why we are unable to refund this, or a proportion of this.
Expert:  Alex J. replied 4 months ago.

Hi, Thank you. I do not agree with their interpretation, you cannot contract out of cooling off period just because you have incurred costs with a "lead generator". That is tough on them. I would write to them as follows:

- Say you were completely misled by this company and at no point were you informed that you were giving up your consumer rights;

- Say that if they did not inform you that the deposit was non refundable, or even highlight to you that they were incurring costs on acceptance of the service, they cannot use this as a means of subverting your consumer rights. This is distance selling of a consumer service and you are entitled to a cooling off period;

- Say that if they do not refund your money in full within 7 days you reserve the right to either:

(i) Complain to Trading Standards

(ii) Commence a claim in the county court to recover your money.

For clarity here is the Citizen Advice on the cooling off period.

The fact that they have spend money on the service is not grounds to deny you your rights. The service the would have to be bespoke in nature or fall within the other exceptions to justify ignoring your rights.

Kind regards


Alex J., Solicitor
Category: Law
Satisfied Customers: 3471
Experience: Solicitors 2 years plus PQE
Alex J. and 4 other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you very much I will certainly respond as you have suggested and see if they will then give me my money back
Again thank you
Customer: replied 4 months ago.
Alex. Confirmation received from company they will refund me. Albeit begrudgingly.
Thank you for your assistanceMaggie
Expert:  Alex J. replied 4 months ago.

Thank you for your kind feedback. I am happy to hear you were succesful in receiving a refund. Kind regards AJ

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