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Category: Law
Satisfied Customers: 33540
Experience:  Barrister at Self Employed Barrister
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What are my rights in seeking the refund of a deposit paid

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What are my rights in seeking the refund of a deposit paid to a company who were going to install Solar Panels on our property.
Within twenty four hours of signing the documentation it was clear that the promised warranty was pure fiction.
Also it soon became clear that the promised survey that would enable clarity of application for the Feed In tariff was not to be carried out until installation.
Hence the following day I cancelled the contract and asked for my deposit to be returned.
Subsequent e mails and letters on the subject have been ignored.
I am considering an application to the Small Claims Court, can you help.
what was the cancellation policy and where was the contract signed?
Customer: replied 2 years ago.
We reserved the right to cancel within fourteen days is the company usual, however,I did sign a waiver because the installation was to take place within three days.
The contract was signed at our home
The starting point is that if you sign at home you get protection; you get the right to cancel if you buy or sign up for something worth more than £42. This right comes from The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.The trader must give you:a cancellation form, andspecific information about your right to cancel. The cooling-off period lasts for 14 days. This starts as soon as the sale is agreed with the trader and finishes at the end of 14 days starting the day after you receive goods or both agree to the supply of a service. If you don’t receive the details about your right to cancel until later, the 14 day period does not start until the day after you do receive them. However where you don't get an automatic right to cancel is where they have had to make something for you (amongst other things). If they have not made the item or you told them immediately then the court would question the validity of any waiver document as potentially being unfair and as such an attempt to avoid the legislation. As such you may then be able to bring a claim for your money back. The advantage of the small claims court is that you would not be paying their costs if you brought a claim such as this. I hope that this helps. Please rate positively - thanks
Customer: replied 2 years ago.
Hence as the purchase was for the installation of a Solar Panel system with a price of some Eight Thousand pounds, and the cancellation was made within twenty four hours of the contract being signed. Which certainly meant no manufacturing or purchasing of special items had been instigated there should be no argument preventing the return of my deposits
Well this is exactly the point I have made as well - you have a good solid argument
I hope that this helps - please remember to rate positively - thanks
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