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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71920
Experience:  Over 5 years in practice
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I signed an agreement & paid £1000 deposit ( they wanted

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I signed an agreement & paid £1000 deposit ( they wanted £300 )
to build a Conservatory with Anglian
From the outset I stated the proposed build should be in line with an existing part of the house .
When the surveyors plan arrived the proposed build was approx 18 inches lower -- the surveyor re-visited & informed me that to meet my requirement could not be done without significant cost if at all .
Obviously this is not on --- Due to all niggling problems I've had plus the build is not what I requested .
I did sign the agreement in good faith it stated eves height of 2135 mm when in fact it should have been 2.570 mm -- Obviously being in my 70's I took on trust the eves height was correct as requested .
Clearly their contract says I'm liable to a heavy penalty should I cancel ( signed over a month ago )
Can you help /advise as i'v clearly lost confidence in Anglia & certainly can't pay any additional charge the job was for £40 K .
Your help would be welcome -- certainly I now feel I do not wish to proceed with them
Regards. ***** *****

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

So they haven't built anything at all?

Customer: replied 3 months ago.
No --and no materials ordered either
Customer: replied 3 months ago.
Sorry they originally wanted £3000 deposit not £300

I presume they measured up though?

Customer: replied 3 months ago.
but not for exactly what I wanted as I said earlier
Customer: replied 3 months ago.
but I didn't know that @ the time

Ok. Are you saying though that you signed after they told you that it was 18 inches lower than you wanted or before?

Customer: replied 3 months ago.
Neither --- obviously the agreement stated the lower but as I'm over 70 I wasn't going to get up a ladder to check it , I took it that the salesman was fully aware of what I had requested --- It didn't come to light until I rep'd a surveyors drawing 4 weeks or so later there was not plan showing this on the original agreement it only showed at the proposed structure & not how it would join the existing .
I don't know if the salesman just wanted an order but he clearly stated the roof would be as requested .

If they are proposing to do something that is not what you ordered then you can cancel.

They are not proposing to perform the contract in the way that you ordered.

Obviously they may just properly perform rather than provide a refund though.

But you don't have to accept their proposals to do work that is 18 inches shorter than you agreed.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
I suspect they may come back with an increased quote according to the surveyor ( this just a job title they are not professionally qualified ) he did make a call to his boss who said they did not want to get involved with the existing roof line I don't think I was supposed to hear that .
I stressed all along that I would not be prepared to pay more .
Should I contact them & suggest everything be cancelled ? Although I'm not prepared to pay any cancellation fees . their Legal Department is cancellations @Angliangroup.com .

Well, they may do that.

But if you agreed x price for Y work they cannot lawfully randomly refuse.

You just refuse their increase and tell them to do it or you want a refund.

Customer: replied 3 months ago.
Which is exactly what I would do --- problem is I've totally lost confidence in them & don't really want to deal with them
Is there a way of giving them an option to get out & cancel everything --- I'm finding the whole business of dealing with them very stressful particularly as I can't talk to anyone with authority @ Anglian . At my age & having poor health all this aggravation is doing me no good .
Although I can ill afford to loose my £1K should I be prepared to do so just to end this ?

Not easily. It is a really high test to get rid of them unless they agree.

You won't lose your deposit. If they don't do the job to the agreed specs you can sue for the money back.

Customer: replied 3 months ago.
I've now left 2 messages to a ***** *****e who is apparently a decision maker & asked him to call me & get this matter resolved -- I would like to keep this open with you as I will know more if/ when he calls me back

Yes, you can come back after you rate at any time.

It doesn't matter whether he makes a decision against you or not. The law is the law.

Delighted to help further but please rate my answer.

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