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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4705
Experience:  Solicitor
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We were going to by a fitted kitchen from Panarama. At11

Resolved Question:

We were going to by a fitted kitchen from Panarama. At11 Belmont rd Liverpool. We had the plans done paid over the 25 percent deposit no surveyor or builder has been out to see us . Then due to a family problem we have decided to cancel.this is within 14 days they don't seem to want to pay my deposit back can they withold it.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, you cancelled within 14 days
Did you order this on site at their premises or at a distance or at your property?

Customer: replied 1 year ago.
At their premises.
Expert:  Jamie-Law replied 1 year ago.

Does the contract say you can cancel or have a cooling off period?

Expert:  Jamie-Law replied 1 year ago.

Does the contract say that the deposit wont be refunded?

Customer: replied 1 year ago.
No it is a supply and fit contract with panorama. The actual finance is with Hitachi which I can cancel but panorama have our money.
Expert:  Jamie-Law replied 1 year ago.

But what does it say about cancellation?

Customer: replied 1 year ago.
It just says that it is non cancellable by the customer.
Expert:  Jamie-Law replied 1 year ago.

Its bad news then I am afraid. In law you are not entitled to a cooling off period if you went to their premises.

If you signed at home or at a distance you would be entitled to 14 days cooling off period.

However you may be able to argue that by not giving you a cooling off period the terms are unfair as per the Consumer Rights Act 2015 which states:

62Requirement for contract terms and notices to be fair

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

Expert:  Jamie-Law replied 1 year 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
if I go to a garage and by a car there is no cooling off period? What about the money over the 25percent deposit I paid can I get that back.
Expert:  Jamie-Law replied 1 year ago.

Correct. They can only keep the deposit if the terms say they can.