Cancellation Of Purchased Contract

[MartinMillar]

Deposit paid for damp screen in the attic pre Covid, workmen turned up 5 days after order and payment made but turned away as customer was worried about health. Please note this was before lockdown was implemented.
Customer has now decided they don’t want to go ahead with work and citing Covid as the reason.
Will she lose her deposit and does she have a legal right to expect her deposit back?

[gingejbee]

Presumably the Ts&Cs on the contract will give you the answer?
I very much doubt that the deposit will be returned....after all, that's one of the reasons for paying a deposit - to dissuade people from cancelling at the drop of a hat.

[MartinMillar]

I can’t get the T&cs unfortunately as the lady is several hundred miles away .
She is adamant that she’s entitled to her money back and we are try to dissuade her from threatening them with legal action as she turned them away

[gingejbee]

I can't see why she thinks she's entitled to a refund of her deposit....Covid or no-Covid!

[MartinMillar]

She says that by letting them in it would risk her health

[gingejbee]

I don't think that's going to get a refund...I'd be interested in anybody else's opinion, though.

[woofgang]

since she did the deciding to cancel then I doubt it....maybe she could get some citizens advice advice?

[MartinMillar]

I agree with both of you but unfortunately very stubborn and insists she’s right!

[Barmaid]

Really need Ts and Cs. Before lockdown was implemented over 70s were advised to isolate (and those in a vulnerable position). There may be a get out of jail free clause which helps. If it was contracted for online, you might find their ts and cs online

Did customer write at the time of turning the men away stating she wished to cancel? I am not sure how she contracted but it might be that the Consumer Regs apply. You need to see the full documentation and check that she has been advised as to cancellation etc.

[MartinMillar]

She signed the contract in her house and 5 days later when the workmen turned up she turned them away that was back at the beginning in March. Now she wants to cancel and get her money back.

[MartinMillar]

Sorry just to clarify she was happy to go ahead with the work but now suddenly want to cancel as she has decided it’s too much of a risk to let people in her house.

[Maydup]

I dont think she can expect a refund. At best she could request deferal until the current situation is lower risk. Or she could request sight of their method statement and Covid risk assessment to show how they are going to prevent infection for both the workers and the client. But no refund is due in my opinion.

[MartinMillar]

Update she has been refused a refund of her deposit and it now telling the company they will hear from her lawyer!! (Son)

[rsvp]

wonder how much the deposit was - small claims is up the 2,000 euros isn't it? Am I out of touch with things or would a larger deposit be required do you think - seems silly to employ a lawyer if it's under this amount or is the lawyer her son.

[MartinMillar]

Deposit was a grand, lawyer is her son.

[Peter Pedant]

Thanks for the reply Barmaid
Martin - Barmaid is a chancery QC and worth listening to - I wont tell you what the hourly rate of wun a dem is - the rest of us are walk-ins who read the Readers Digest

so yeah - Barmaid says read Ts and Cs and hope there is a let out on Covid regs

and remember she can threaten lawyers but at £200 /h I eally wouldnt bother, in which case basically she takes what she can get.

yeah yeah I know it is a little old lady

[MartinMillar]

I can’t get the T&C and I know barmaid very well.
She won’t listen to reason and she feels company is taking advantage.
I agree that the company is taking advantage but not over the deposit.
They were called out for one job then found this expensive extra!
We told her at the time not to do it!

[ladybirder]

A long shot I know but do you know the name of the company and if so could you check if their T&C's are on their website?

[Barmaid]

Has she actually got capacity? Have there been any capacity assessments? Is there an LPA in force?

[Prudie]

With no legal knowledge at all I can see why they won't return the deposit. On the day they arrived 5 men will have had their work slots booked (possibly stopping someone else from using their services) and had to use fuel to get there. They will still have to be paid for the time they spent travelling to her home. I'd have thought letting them keep the deposit would at least be a gesture.

[MartinMillar]

Her sons have power of attorney (I think that’s what it’s called) but only when she loses her marbles.
We talked to eldest last year about things we were concerned about and he didn’t seem bothered or concerned.
We are trying to help form afar by managing boiler cover gas bills etc.
When she passes the house is husbands not the elder brother.
Husband is beginning to really struggle with her as he thinks she needs help but both she and brother don’t agree