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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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Please can you help my husband as he had a second quote for

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Please can you help my husband as he had a second quote for a conservatory as the first one was taking to long to be built. he signed a contract and paid a deposit of £1089.00 on the understanding that the other contract could be cancelled, we could not cancel that contract as it was already a month into the build time so we contacted the second company to cancel they advised we could not even though they have a 7 day cancellation policy on the contract and this was only day one, I confirmed the cancellation via a letter sent by next day delivery and also via email, they still refuse to give back the deposit, the bank was asked to stop the payment but they advised as it was taken from a debit card and not a visa card they could not help. please help and advise on how we can get our money back all we want is the deposit.
Have the second company done any work or bought any materials?
Customer: replied 5 years ago.

no work was undertaken or materials brought

On the face of it then you do have the right to the deposit back.

If you agreed a cancellation right under the contract and you cancelled within it then you do have the right to rely upon it. They do not seem to have the right to refuse.

Even if that fails though, they an only claim the sum of their loss and if they haven't done any work or bought any materials then they do not seem to be able to justify withholding the deposit from you.

You can always sue at the small claims court if they refuse to return the deposit.

Hope this helps.
Customer: replied 5 years ago.

thank you for your help how long does a small claims court action take and do we need to consult a soliciter.

It depends on court listings but usually a couple of months from the date of issue to final hearing.

You don't need a solicitor. Small claims courts are often unrepresented people.
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