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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I agreed a contract (at home) to produce and deliver a built

Customer Question

I agreed a contract (at home) to produce and deliver a built in sliding door wardrobe. The salesman assured me it could be done in my timescale of 4-6 weeks (with my real timescale being max 2 mths). I provided all the dimensions to the salesman and full spec. He advised the procedure would be for an assessor to come to my property to confirm measurements and only after this would anything be manufactured. I was advised an assessor would come in approx 2 weeks. I agreed to pay a deposit of £500 by credit card asap (which would be Tuesday) nothing happened and I chased on the Friday to get the deposit paid because I needed to stick to the 2 mth program. Paid the deposit then heard nothing for nearly 1 mth when I then got a letter saying delivery in 4-6 weeks after an assessor had confirmed whom should be with me in 2- 3 weeks. Nothing again and I chased after 4 weeks (now 8 weeks from order date). They promised me an assessor the next week (mon/Tuesday)...come Monday afternoon nothing so I chased again to be told nothing available for the assessor and they couldn't say when. They'd call me back when they had spoken to the production manager. 24 hrs passed and I called again and again nothing. I had chased so many times and got nowhere so I decided to cancel asking for a full refund due they hadn't done anything. After a number of unsuccessful calls 11 days later they wrote to me saying I had breached contract by cancelling and I could either proceed with the order (yet offered no schedule) or pay a further 25% of circa £500 as settlement to prevent them sueing me for loss of profit. I have wrote back and forth to say it's unreasonable and I was fully prepared to have the goods but 10 weeks on from the order with no offer of a schedule I couldn't trust them and demanded my deposit back. A further 12 days passed since my last email before they're response and now they say the only option I have is to lose my £500 deposit to prevent them sueing me for loss of profit. They're letters are full of inaccuracies alluding to they have not done anything wrong. It's been a joke trying to get the goods and now they are trying to keep my money - the process started mid April. I believe they are in breach of the consumer rights act for changing the verbal agreement I had with the salesman* when they then came to me with a 4-6 week period 29 days after the salesman took the order and they're in breach of the consumer contracts regulation 2013 because they haven't delivered within a reasonable period from the time I gave the order. Indeed when they responded to me with their letter 11 days after my written cancellation they reiterated that the production and fitting would take 2-3 weeks after the assessor but the whole process would be 4-6 weeks. I only cancelled 4.5 weeks after the date of they're letter (albeit 8 weeks after my order at home ) meaning they could never achieve the 6 weeks (as they hadn't provided me an assessor at point 4.5 weeks). I firmly believe I am entitled to cancel and get a full refund but they are not willing to provide me a refund threatening court and I feel like I have been well and truly scammed . None of they're actions have alluded to ever getting the product delivered and fitted. Am I right .... What should I do?
* when I inspected the paperwork to the contract piece of paper I was given had small print on the back saying that the contract didn't start until they sent the written confirmation of order and therefore the delivery schedule. How cam his be lawful - it's trying to say nothing said by the salesman stands and when they confirm the order in writing then they can put any delivery schedule they like....is this lawful and going to cause my case a problem ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

So, in short, you cancelled because they were late?

Customer: replied 1 year ago.
Late and because I was continually chasing so it looked like it was never going to happen. I had expressly stated that I only wanted to proceed with the order if their lead time was within my required schedule. The catalyst was because they were late and I considered troublesome..... So I felt if I proceeded I could end up having many more issues. I could only ever contact their receptionist and no one of authority or customer service based would ever call me back
Expert:  Jo C. replied 1 year ago.

I suppose you didn't agree that time was of the essence at any point?

Customer: replied 1 year ago.
I stated this to the salesman yes..... Nothing in writing
Expert:  Jo C. replied 1 year ago.

Ok. Have they made the product yet to your knowledge?

I can't do a phone call tonight but I could do tomorrow morning?

Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 1 year ago.

Actually if you are ready now?

Customer: replied 1 year ago.
I can do now
Expert:  Jo C. replied 1 year ago.

Do I have the right number? It is coming up invalid?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
No joy? No idea why .... Home number is *****
Expert:  Jo C. replied 1 year ago.

All the best.