# Deposit Refund



## jas376 (4 May 2009)

Could somebody please help me  out here as I'm in a spot of bother. Recently, a rep. from a reputable window company (reputable for being the most expensive,that is) quoted me a price for new windows and doors.As I hadn't done any prior research on the matter and because of a discount offered, I foolishly accepted the price quoted, signed contracts and paid a sizeable deposit by cheque.To my horror, I subsequently learned that the price that I agreed to was much too high and that other companies would do the same work for far less money (perhaps, for a half or  evena third of the amount I agreed on). I now want to get out out of this awful deal- but what can I do? I do realize that legally I'm on very shaky ground.The only thing in my favour is that my cheque can't have been cashed yet. Should I cancel it immediately or is it illegal to do so?. I did ask the rep. if the deposit was non-refundable and he said 'not necessarily'. He also didn't give me a receipt. I know I'm merely clutching at straws here but what else can I do ? What would more experienced people do if they were in my desperate situation?


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## Joody1 (4 May 2009)

I am not sure about this but I think there is a cooling off period if a sale person call and you sign for good and afterwards do not want them.  look at the contract you signed and see what it says about cancelling.


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## jas376 (4 May 2009)

Thank you Joody1! but I've checked the contract and it says nothing about cancellations.


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## tootsie (4 May 2009)

How long is it since you signed the contract? I thought there was a seven day cooling off period too. If i were you i'd ring citizens advice in the morning, and then the bank.


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## Complainer (4 May 2009)

I'd be inclined to cancel the cheque straight away. You may *not *be entitled to do this under the contract you've signed, and you might find them chasing you for money (possibly through the courts), but if they get to cash that cheque, it is very unlikely that you will see that money again. Will they have incurred any costs yet? What is the timescale here - when did you sign, and when is the job supposed to start on site?


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## jas376 (4 May 2009)

Thanks Tootsie and Complainer for those little glimmers of hope ! I signed only last Friday. Work was supposed to begin in late July.The company has incurred no costs yet unless one counts the hour or so that the rep. spent with me.


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## extopia (4 May 2009)

Just call the guy and tell him you've changed your mind and would he please return the cheque by post. No reputable company would force you to complete.


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## jas376 (5 May 2009)

Thanks ! I hope that what you say is correct. I'll try doing what you suggest but somehow I'm not feeling very hopeful- I don't think that the company in question is exactly renowned for altruism!


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## johnny1234 (5 May 2009)

Regardless of anything else, you have signed up for delivery in July. How do you know they will still be in business by then ?? Think you would be better off stopping the cheque immediately, and then call the rep advising him of the situation. If you are looking for new windows, and depending on your location either search AAM or ask the question of a reputable supplier in your area.


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## jas376 (5 May 2009)

Thanks Johnny 1234!, I've done what you suggested. I asked the bank to put a stop on the cheque which it duly did. I also rang the rep. and told him that I was regretting my decisions already. He wasn't very happy but he said that he'd get back to me tomorrow. Luckily, he hadn't sent in the contracts to head office  so maybe there's some hope yet. I'm now about to ring the Consumers' Association for further advice.By the way I''m vey grateful to this website for the helpful advice that I've received here.


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## Kate10 (5 May 2009)

Hi Jas,

How did the rep make contact with you?  Was it by telephone?  How did the contract get to you?  By fax or email?  If so then the Distance Selling Regulations should apply and you are entitled to a 10 day cooling off period, during which you are entitled to cancel at any time.  This applies regardless of what is set out in the contract.

Kate.


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## jas376 (5 May 2009)

Thanks Kate! I've just been informed by The National Consumer Agency that I'm not covered by the Distance Selling Regulations and so I'm not entitled to the 10 day 'cooling off ' period as it was I who made the first contact with the company and contracts were signed by me at a 'face to face' meeting with the rep. It now seems that I'm very much at the mercy of the company and their 'internal' policies regarding cancellations and refunds and that I've little or no protection from national legislation. Therefore ,does anybody know whether, if the company decides 'to play hardball' with me and insists on payment of the deposit to it by me, is it then obliged to provide services/products to me to the value of the deposit or can it just keep the money without any obligations.


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## Kate10 (5 May 2009)

Hi Jas,

It purely legal terms, it really depends on the terms of the contract.

If this company you paid the deposit to will not allow you out of the contract, and won't reduce the price to a reasonable level, then losing the deposit might be the best case scenario.  If losing the deposit frees you to appoint a competitor at an excellent price (price drop bigger than deposit paid) then I would accept the loss of the deposit and put it down to painful experience.

Has the company come back to you yet?


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## jas376 (5 May 2009)

Thanks again for your interest, Katie! To answer your last question first, the company isn't due to get back to me until tomorrow. With regards to the deposit, it happens to be a fairly sizeable amount of money. A loss of this magnitude with nothing to show in return for it would constitute a major blow to my finances. It also might mean that I'd be reluctant to spend a large sum of money on anything again for some time so I may not bother with any competitors. Here's hoping that it won't quite come to that!


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## johnny1234 (5 May 2009)

I think you need to advise your Bank in writing of your instruction to stop the cheque. As per your conversation with the rep, he confirmed to you that he had not passed the order to the office as yet. I woulkd say you need to enlighten this matter in writing on an ASAP basis before the matter gets out of hand. And copy all your correspondence to your solicitor in case they might think you do not know whar you are doing.


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## Complainer (5 May 2009)

jas376 said:


> Thanks Johnny 1234!, I've done what you suggested. I asked the bank to put a stop on the cheque which it duly did.


You did the right thing.


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## z101 (5 May 2009)

Tell the rep something has come up and you cant close and apologise and tell him if he gives you those contracts back you'll throw him a €100, and thats the best you can do in your circumstances.


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## jas376 (5 May 2009)

Thanks again to Johnny1234 and Complainer for getting back to me! Also,'fair play' to Ceatharlach for his advice!- I was thinking along the same lines myself but I don't know how open the rep. would be to a 'backhander'-perhaps he'd be afraid of getting caught in which case his job might be on the line. Futhermore,as the contracts are already signed the company could consider the deal closed from its perspective. This leaves me in a much weaker position than that of the company.To end, I'm now making one final plea for any advice in advance of tomorrow's negotiations as there's a lot at stake here. Any help would be greatly appreciated!


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## johnny1234 (5 May 2009)

johnny1234 said:


> As per your conversation with the rep, he confirmed to you that he had not passed the order to the office as yet.



This is important as  the company cannot say that they had prepared to make the order. You canceled at the first available opportunity.


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## jas376 (6 May 2009)

Well , in case anybody is interested.I met the rep. today and thankfully, he allowed me to cancel my order with relative ease.The fact that he hadn''t yet passed the contracts on to the office and that he had indicated verbally that the deposit wasn't absolutely non-refundable were crucial to the outcome, I think .Anyway,I 've learned many important lessons from the whole ordeal- e.g. shop around, get quotes, don't rush decisions etc. To end, thanks again to those who advised me throughout -at least, finding this website was one good thing to result from the whole experience.


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## johnny1234 (7 May 2009)

Well done jas376. You were lucky. Shop around - there are heaps of good deals for windows at the moment.


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