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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have tried to cancel a signed agreement deposit

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We have tried to cancel a signed agreement for part deposit of £800, the rest of the deposit was to follow at the end of September. When the company received this , which was a further £3200 this being 50 per cent of the purchase price work would then begin on making the furniture. The contract reads if the order is for bespoke goods then the deposit is non returnable, we cancelled within 72 hours of signing this included a weekend.
Hello my name is ***** ***** I will help you.
Where did you sign the contract, on premises or at a distance please?
Customer: replied 2 years ago.
At home
Was it bespoke?
Customer: replied 2 years ago.
At our home
Was it bespoke?
Customer: replied 2 years ago.
Was not to be made until the rest of the deposit was paid at the end of September
Its bad news I am afraid. You would usually have 14 days cooling off period under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013. However this excludes bespoke furniture.
That means you can therefore only rely on the contract, which states the deposit can't be refunded. So according to the law and the contract it can not be refunded.
However it may be possible under The Unfair Terms in Consumer Contracts Regulations 1999 which states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Therefore it may be possible to claim that the term is unfair and seek a refund. But I would not pin all your hopes on this as you would usually rely on the 14 days cooling off period.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I am sorry, do you need more help?
Customer: replied 2 years ago.
No thank you