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 JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12080
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

We live in Scotland and have a dispute with a company

This answer was rated:

Hello, we live in Scotland and have a dispute with a company in Scotland.
We paid £3500 deposit for a house kit.
The built of the kid was delayed and the company offered 1) to accept the delay 2) use a different builder but the price would increase 3) cancel contract and repay deposit - £500 +VAT. We choose to cancel. All this was done over the phone. All we have is an e-mail confirming that our deposit would be repaid as agreed.
Now the company refuses to repay, referring to their terms and conditions and the costs they incurred. Is the e-mail a valid agreement from their side?
Thank you for your question. I am a solicitor in Scotland.
By agreeing to pay your deposit back they have unilaterally varied their terms and conditions and you have accepted the variation. They can't now go back and rely on the terms and conditions.
Give them seven days written notice that if they don't pay you will sue them. This is a very simple issue of contract and they can't go back on what they have already agreed and you have accepted.
offer + acceptance = contract
I hope this helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you.

I understand the fact that they confirmed by e-mail the refund of the majority of our deposit is a variation to their contract. We accepted that variation by confirming our address details for the cheque with the refund?

That's fine, an acceptance can be implied from the actings of the party.
JGM and 2 other Law Specialists are ready to help you