Kreative Kitchens Involuntary Termination of Contract

[Cda2212]

Hi, Advice needed.

I signed a contract with a company I found advertised on Facebook to have a new kitchen fitted. On the day the sales representative visited my home and carried out the design I paid a £300 non refundable deposit. I did not give a date to fit, as I was advised on the day that I did not need to, I could have the kitchen fitted when I was ready. I agreed with the sales rep that prior to the fitting I would need to have a plug socket and extractor fan fitted above the cooker prior to installation.
This all took place in June 2018.

Not long after I started to receive calls from their offices advising that I needed to book a date, I was reluctant to do so as I was working away and did not have the time to schedule the fitting in, but was again told if I book a date at least it would be booked and if I needed to I could cancel/ reschedule, which I did on several occasions.

In January 2019 I was again contacted and this time the representative advised that they would no longer hold the fitting and the order would be cancelled they said, and I quote 'Our prices have gone up and we can no longer honour this agreement as we have held the order for 6 months now'

Initially I agreed as I am now unemployed and knew I could not commit to a date immediately. I then went and found the contract as I was pretty sure there was no mention of an expiry date on the contract I had signed, there isn't one documented. I called the offices back and advised that there is no limitation on the contract and if they could not honour it surely I should be entitled to a refund. I was told I needed to put it in writing to the head office in order to receive a response.

I have received a response stating I knew the deposit was non refundable with a photocopy of the signed contract and a further statement from the company saying '

We told you we could hold your order for up to 6 months at the price agreed'

which is an outright lie, and more to the point is not documented anywhere on their paperwork.

Please can someone advise, if this company can legally cancel the contract and keep my deposit as I would still like my kitchen fitted I just can't commit to a date while I am unemployed and in receipt of Universal Credit. Or, am I entitled to my deposit back as they have breached the contract.

Thanks in Advance

[R0b]

Hello

I can't read the document properly as it gets blurred the more I zoom in but can you confirm that the £100 design charge has been crossed out to say £300 charge or does it say no charge, or maybe something else?

[2222]

I can more or less read it. It looks like the printed design charge was £400, and this was amended to £300. There's also a statement the OP wanted to proceed straight away. It's clear in the contract that the design charge is non refundable, as it's for services already rendered. Should there not have been a 14 day cooling off period, or perhaps not if the service has already been provided?

It seems reasonable, after 6 months, that the company can make a modest increase in its prices. What %age increase are they looking for?

[Cda2212]

Hi 2222, thank you for your response. They didn't offer a % increase. I wasn't given the option. They just said they couldn't honour it and cancelled the order.

[Cda2212]

Hello

I can't read the document properly as it gets blurred the more I zoom in but can you confirm that the £100 design charge has been crossed out to say £300 charge or does it say no charge, or maybe something else?

Yes that is correct. I paid a £300 deposit

[des8]

That document clearly states it is not the contract, but solely an advice note to the customer.(point 19)
!4 day cancellation period is noted
Clearly states the design charge is not refundable (points 8 & 22 and OP has noted in his own hand that the design charge is non refundable and signed that note)

Certainly was not a deposit.

So can they cancel the contract.
I suppose a promise to pay was sufficient consideration to form the contract, but can such a contract be formed if completion is to be at a date to be agreed if there is no conditioning of that clause?

Perhaps sight of the contract T&Cs would help

[Cda2212]

That document clearly states it is not the contract, but solely an advice note to the customer.(point 19)
!4 day cancellation period is noted
Clearly states the design charge is not refundable (points 8 & 22 and OP has noted in his own hand that the design charge is non refundable and signed that note)

Certainly was not a deposit.

So can they cancel the contract.
I suppose a promise to pay was sufficient consideration to form the contract, but can such a contract be formed if completion is to be at a date to be agreed if there is no conditioning of that clause?

Perhaps sight of the contract T&Cs would help

Hi DES8, this is the only document I have ever received from them. Everything you see on the document attached is everything I have had visibility of and signed.

[R0b]

You say deposit but the contract as far as I can read says charge. Can you point to the contract where it specifically says a £300 deposit?

[Cda2212]

You say deposit but the contract as far as I can read says charge. Can you point to the contract where it specifically says a £300 deposit?

NOTED: Its a charge not a deposit. And also clarified its not a contract as such, it's more of an advice note.

But that's only part of my issue. I still would like the kitchen fitted but as I am out of work at the moment I still cant commit to a date. So what I really need to know is can they just cancel my order on the basis that they expected the kitchen to be fitted within 6 months and now can't honour it. There is no mention of a 6 month time limit anywhere. And it clearly states on this advisory document that I would advise them when I was ready to have the kitchen fitted.

[des8]

Hi DES8, this is the only document I have ever received from them. Everything you see on the document attached is everything I have had visibility of and signed.

On the reverse of that document isn't there a list of the parts they were to supply together with the cost?

In any event with nothing in writing all you appear to have is an agreement that WHEN they deliver certain unidentified goods you WILL PAY a sum of money.
I doubt that gives you cause to sue.

However having paid for a design (which apparently has been drawn) they should give you a copy.

[Cda2212]

I've attached the front of the document which is the kitchen design, where it also states that I will advise when I was ready t have the kitchen fitted.

And also attached is an email sent in October 2018 stating that I would have to push back to Jan 2019. even at that point they did not advise that January would be 6 moths and they would not hold the order for that long.

[Cda2212]

On the reverse of that document isn't there a list of the parts they were to supply together with the cost?

In any event with nothing in writing all you appear to have is an agreement that WHEN they deliver certain unidentified goods you WILL PAY a sum of money.
I doubt that gives you cause to sue.

However having paid for a design (which apparently has been drawn) they should give you a copy.

Your comment is confusing.

I have an agreement which states that WHEN they deliver I WILL PAY a sum of money. Which is correct, but they did not stipulate that delivery would have to be within 6 months.

I'm not asking to sue, I want my kitchen fitted when I'm ready and have the funds to have it fitted and I see no reason. if they can't honour that, why I can't have the design fee back.

[R0b]

I would say it is reasonable for them to hold the goods for a certain period of time but I don't think you can expect them to hold the order until such a time you are ready. Yes, the contract is silent on when goods are delivered but there would be a reasonable expectation that the goods would be provided within a reasonable time. If you want to argue you that it was a term of the contract that you could have the kitchen fitted when you are ready, then your only way of doing so is to take the matter to court and let a judge decide.

The design fee is for services already rendered and it is not, as you claimed originally, a deposit. It is a charge they have incurred for the design of the kitchen and so in my eyes they would be entitled to that, albeit if you wanted the kitchen design plan and you don't have a copym you could say that you are entitled to it but I don't think you are entitled to the £300 back since it is a charge and not a deposit.

If you aren't happy with the answer, I suggest you do what I said above and take the matter to court for finality.

[2222]

This is a company that sells kitchens. They have given up on you for the time being, as you are not able to proceed, but they'll be all over you when you r position improves.

I agree with Rob that you should ask for the kitchen design drawing that you paid for.

[des8]

I agree with R0b, in that in the absence of anything in writing it would probably be implied that delivery would be within a reasonable period.
Your own email suggests that you realise you are aware of this in that you ask if it is possible to postpone delivery yet again.

If the kitchen suppliers refuse, and you are convinced of your interpretation, your ultimate recourse is court action, but I doubt you will receive satisfaction there