How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5036
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I signed a contract for a conservatory that had a 14 days

Resolved Question:

I signed a contract for a conservatory that had a 14 days cooling off period. The plans were produced after this timeframe and we wanted them changed. The price then changed several times including a verbal misquote and we then declined to have the building done as the price was unacceptable. In addition the delay for the redrawing of the plans was delayed by the surveyor being on sick leave.
They are now threatening me with court action for 25% of the cost of the build as I didn't cancel within the 14 days. Which I feel is unfair bearing in mind the changes made and the fact the initial plan was prepared after the 14 days and then the price changed (verbal quote was £0 difference and then a max of £2k and then in reality became £3750 then they reduced it 3 times when we refused the excessive extra costs ending up at £2.5k)
Legally where do I stand?
Thanks
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

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

Did you get a quote before the 14 days?

Customer: replied 1 month ago.
Expert:  Jamie-Law replied 1 month ago.

Ok - but they changed it? Do their terms allow them to change it?

Customer: replied 1 month ago.
No call thanks email is fine
Expert:  Jamie-Law replied 1 month ago.

Ok - but they changed it? Do their terms allow them to change it?

Customer: replied 1 month ago.
They call it a variation to contract which logically needs signing as well. Which we never would have as the amount was declared as increase of nil and then a maximum of 2000.
The actual additional figure was 3750. Then when we refused they reduced to 3250 then 2750 and finally 2499.
Customer: replied 1 month ago.
I'm addition under the terms it states we can cancel if they tell us about a change to the product services or terms or an error on the price or description for our order which we do not agree to.
Expert:  Jamie-Law replied 1 month ago.

Who changed the spec - you or them?

Customer: replied 1 month ago.
We weren't happy with the plan they drew up and requested changes this resulted in the verbal extra charges and the actual being higher
Expert:  Jamie-Law replied 1 month ago.

Thanks. In that case you are entitled to 14 days from the final spec. If they refuse then you can issue proceedings for your deposit back,

You need to write and set out your losses and request a refund within 14 days or say 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?

Customer: replied 1 month ago.
Thanks that makes sense
They haven't got a deposit they are just demanding the 25%
The second 14 day period was never offered so aren't they in breach? No new variation of the contract was prepared nor signed
Expert:  Jamie-Law replied 1 month ago.

Correct. So just refuse to pay

Does that clarify?

Customer: replied 1 month ago.
thanks very much for your help
Expert:  Jamie-Law replied 1 month ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Jamie-Law and other Law Specialists are ready to help you