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John
John, Solicitor
Category: Property Law
Satisfied Customers: 2388
Experience:  10 years legal experience
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We had a contract for installing a conservatory in june 2021

Customer Question

we had a contract for installing a conservatory in june 2021 we heard nothing from the installers and then in dec and in Jan 2022 giving then 14 days to revert inwriting with
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: 1 to revert with the dats of installation 2. to refund the money
JA: Where is the property located?
Customer: 3 failing with we will recover the funds via the Credit card we received no replies and the bank finally closed the case can the contractor force us to honour the contract the property in in Dagenham london
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 10 days ago.
Category: Property Law
Expert:  John replied 10 days ago.
Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.
Expert:  John replied 10 days ago.

Thanks for your message, I appreciate it is important to you. Can you re-phrase your question it is difficult to follow. Are you the party contracted to install the conservatory? Or did you instruct someone to instruct it for you?

Customer: replied 10 days ago.
we have succeeded in charge back and the credit card company has closed the case as there was no representation now can the merchant force the contract after he has not represented
Expert:  John replied 10 days ago.

Ok I see, thank you. The contract appears void, and can no longer be enforced. A new contract will need to be entered into.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 9 days ago.
John just to clarify that once there is no representation from the merchant and the case is closed by the issuing bank the the contract is Void , is this a legal precedent
Customer: replied 9 days ago.
have received an email from the merchant and quote roughly ;; as per the contract signed on 9 june 2021 we have purchased the materials' and now are out of [pocket and need to know if you want to pursue else we they take the case further ;;; they never mentioned this in the first letter in DEC and the second letter in Jan and neither used this so called !! material purchase !! as a defence for representation of the charge back he dose not mention anything about the charge back in this email
Expert:  John replied 9 days ago.

we had a contract for installing a conservatory in june 2021 we heard nothing from the installers - You entered into a contract to install it in June 2021 which they did not do = a breach of contract.

and then in dec and in Jan 2022 giving then 14 days to revert inwriting - You then gave them 14 days notice to let you know dates of installation failing which you will recover the funds via credit card - this is sufficient notice.

The case is now closed by the issuing bank! There is no legal precedent it is contractual law. They have breached the contract by not installing the conservatory in June 2021, as per contract, therefore contract is void.

A new contract will need to be entered into.

I hope this helps. Please note I am now available until Friday as I am away on a business trip.

Customer: replied 8 days ago.
John , many thanks and very grateful for your help bye
Expert:  John replied 6 days ago.

I am glad I was able to help. Have a great day.