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I run a kitchen refurbishing business locally to blackpool…

Hi I run a...

Hi I run a kitchen refurbishing business locally to blackpool we entered into a contract with a lady oct 2017 who requested the work to be started within the 2 week cancellation period so obviously materials were ordered asap.The day after the lady rand to slightly alter what she wanted which was fine the 2 days later her daughter rang to cancel which we said we couldn't do as materials were in specific sizes for her. We were still told the lady didn't want it doing so we didn't go. We were then asked for the deposit back to which we said was not possible as she was in breach of contract. Some letters back and forth including an itemised report of what was to be done until jan 2018 then nothing til 3 weeks ago , now the son and daughter are harassing by phone and email wanting the materials and some cash which would be the rest of the deposit they have given me til Friday please advise me we are a small family business thank you

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Blackpool lancashire

Lawyer's Assistant: What steps have you taken so far?

Polite emails as trying to sort something

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know do I need to find this money by Friday or even at all

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Answered in 2 hours by:
5/30/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,194
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What were you cancellation terms?

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Customer reply replied 2 months ago
14 days unless bespoke products were made

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

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Many thanks for your patience. Whilst the consumer would have had a 14-day cancellation period to cancel the contract before work started, if the provision of services had started within that period, then the consumer could lose the right to cancel. If you had ordered or made bespoke items or materials for this particular job, then the customer could still be liable for these even if they decided not to proceed with the job. How much you can claim from them will really depend on whether it is possible for you to use or sell on any of these materials. If they really are unique and there is no option at all to use them or sell them and they will have to be wasted, it could be the full costs.

At tis stage, they may be pushing you for the return of the money but as long as the amount you are holding back is sufficient to cover these materials, you can refuse to return it. From here, it would be down to them to decide how to take this further and the only way they can try and force you to pay it back is for them to go to court and make a claim and win. First of all there is no guarantee that they will ever go that far and secondly, even if they do and they win, this would have gone through the small claims court so you would not be liable for their legal fees and the risks would be quite low overall.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,194
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