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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 403
Experience:  8 years legal experience
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The query we have concerns a balustrade company, whom we

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Hi, The query we have concerns a balustrade company, whom we contacted in late August last year. We approached them for the supply and installation of a glass and steel balustrade to our property. Total cost £3946.80.
JA: Where are you? It matters because laws vary by location.
Customer: We were requested to pay a £2000 pound deposit and then they would arrange for a surveyor to attend and review. We had a number of email exchanges and calls and eventually the surveyor visited in October . We are in Esses Essex
JA: What steps have you taken so far?
Customer: We had numerous calls before Christmas - confirming that a pre Christmas installation would be fine, but that we needed to pay the balance of the bill. I said we would be happy to do this on the understanding of the supply/confirmation of a date of installation... We are still waiting for this. My husband contacted the company on Monday of this week and said they needed to refund the monies, as it's been over six months now and we are still none the wiser as to when the installation will take place We have a contract and would like a professional to review this to see if we have any legal standing to request for a full or part refund of monies already paid. We no longer want to go ahead with the installation as our confidence in the company is non-existent Thank you
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's fine. Thank you. My name is Natalie

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Are you able to upload a copy of the contract on here?

Customer: replied 7 days ago.
Hi Ben,,, I will do my best to load the contract now.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Hello welcome to the site.

 

I have reviewed the contract and point you to the following clauses:

 

7.3 We are not responsible for delays outside our control. If our supply of a product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received

 

It has been 6 months, so that is a substantial delay

 

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation

 

(c) there is a risk that supply of the product may be significantly delayed because of events outside our control;

(e) you have a legal right to end the contract because of something we have done wrong.

 

They are in breach of 8.2 c and e. So to address your question then yes you do have legal ground to request a refund as per the contract.

 

I hope this helps, and would be grateful for a positive rating, thank you. John

 

 

UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 403
Experience: 8 years legal experience
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