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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 12242
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

I run a limited building contractors, my client sent be £20k

Customer Question

I run a limited building contractors, my client sent be £20k as a deposit for a job, the client cancelled the job 1 week before the start date due to them not recieing planning permission. ]
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: is the client entitled to any money returning, I had started to acquire costs on this job and also loss of potential earnings due to our calendar being booked.
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
there was no contract, only verbal discussions
Customer: replied 16 days ago.
The total job price was around £250k
Expert:  Jeremy Aldermartin replied 16 days ago.

If it was clear in your agreement with them that if they cancel they do not get their deposit back then no they are not entitled to any money back. If on the other had no such agreement then they argue for the return of their deposit minus the expenses incurred. I trust this assists

Customer: replied 16 days ago.
No verbal agreement was made, the client just sent the money across to get started with the build. I have incurred time lost and now don't have any work for the next 6 months either as they cancelled just before it was due to start
Expert:  Jeremy Aldermartin replied 16 days ago.

I see, well it is going to be difficult to hold them liable I am afraid as you had no agreement to do so. I think you can argue that you can keep the deposit because it is generally understood that you forfeit a deposit if you do not go ahead but that is about it I am afraid you cannot claim loss of earnings. I trust this assists

Customer: replied 16 days ago.
I have a message from the client referring to the said deposit, could it be argued that is them acknowledging the fact a discussion took place about said deposit
Expert:  Jeremy Aldermartin replied 16 days ago.

Well it is an acknowledgement a conversation took place on that topic yes not what was said unless they specifically state what was said in the message I trust this assists

Customer: replied 16 days ago.
it would be heard to argue what what said verbally? the client could say a completely untrue story and there would be no way to discredit that?
Expert:  Jeremy Aldermartin replied 16 days ago.

Yes it would be you against her. I trust this assists

Customer: replied 16 days ago.
if it went to court how could that play out?
Expert:  Jeremy Aldermartin replied 16 days ago.

You would say your argument, they would say theirs and the court would decide. I expect you would get to keep the deposit. I trust this assists