Breach of Contract

[Clover-Leaf]

Thank you for taking the time to read my issue and hopefully I can get some help as I am distraught.

This is a very long story which I have tried to shorten.

• In August I arranged an appointment for the design of a new kitchen, I received an email confirmation of the price and fitting date which was booked for November.
• I also arranged for underfloor heating and new flooring through the kitchen company.
• October I received an email asking for a deposit and cash was preferred!
• I paid the deposit and a few days later received increased floor fitting costs which were originally £1,260 but increased to £2,700.
• Looking at the quote I received regarding the flooring and underfloor heating which I noticed it had another persons name and address included in the reference. The amount of flooring was also incorrect to my requirements as I only need 40 sqm of flooring and the quote was for nearly 60. This quote is for £2,535.42 yet I was being quoted £2,721.
• After I received the increased quote for fitting the flooring I got another company round for their opinion and they told me if the flooring had been fitted as they were proposing the underfloor heating would never have worked as they had not suggested insulating under the floor boards. Building control were also called regarding signing off the extension which highlighted other work that needed to be done. In light of this I requested to cancel all works including the kitchen.
• At this stage I sent an email request to cancel. The kitchen company called me after this to inform me I could not cancel the kitchen as it was in production but the other works had been cancelled.
• I informed them of the data protection breach and also that one of their company numbers on their letterhead sent to me referenced a bankrupt company (previously there company under a different name)
• I received a reply telling me this was a bad move!
• I then requested a copy of the Terms as I was unaware I had been given any Terms. I have since found that they were printed on the back of the order form, these were never pointed out to me.
• I resigned myself to the fact as I had unknowingly signed the terms I would have to go through with the kitchen purchase so I emailed asking for an invoice.
• I then received an email stating they had cancelled production.
• I received a cancellation price and price for receiving just the cabinets and doors. I stated in the final email of this trail that I will be seeking legal advice. The cancellation price was nearly half the price of the kitchen.
• I then receive another email stating the kitchen will be delivered mid-December.
• I inform Trading Standards of the data protection breach and wrong company number on the letter head.
• Trading Standards email after visiting to state no criminal activity has occurred and they have offered to store the kitchen at no charge for 6 months and not increase the price of the kitchen.
• As I haven’t heard from them I assumed they had the kitchen delivered and stored so I emailed them on Monday asking when it would be available.
• I then receive an email stating the price will need to be adjusted as costs have increased!

I do not want to proceed now and wondered whether as they cancelled production they are actually in breach of the terms and conditions and I can claim my deposit back which is over £4,000,