please can someone advise how I proceed to claim for the refund being denied

[josh]

We ordered a shed, paid a deposit of 2000 and the remainder was on 0 finance over 3 years, on date of install for the base, there was another shed to be moved and the base install to be done in one day, the two men, refused to lift the shed as they stated they needed 4 men, they were told to leave as they became quite abusive, they went back to their company and lied stating we were abusive to them, whenever heard anything after our complaint on the phone, however in the afternoon the Director cancelled the 0 percent finance and technically cancelled the agreement. He then wrote in afternoon after we asked what was going on, stating the we now owed them a further 3600, and they will not install the base as we were abusive and we are now liable for the shed and we have to install our own base.We have accepted the termination, they have refused to refund the money of £2000 and despite having no funds to finance the shed they now state "they will sell the shed at a discount" and we owe them the full price.
please can we get some advice so we can proceed to the County Court as they state they have obtained legal advice and they will not give the money back despite cancelling the finance and the terms of the contract as above, without any notice or consultation.

[jaguarsuk]

If they are saying you are liable for the balance of the shed it belongs to you and they are not able to sell it without your permission.

I would respond in the first instance that you are not admitting liability for the contract, however if they assert that you are liable for it then they assert that the shed is your property as purchased in that contract and thus selling it would be contrary to the Torts (Interference with Goods) Act 1977.

Advise them that you are taking legal advice as to the status of the contract and you liability under it, but should it be determined you are liable to them and they have sold the shed you will commence legal proceedings against them for the full value of the shed.

Whether you are liable to them for the amount all depends on the terms of the contract and without reading those nobody here is going to be able to tell you. Cancelling the finance doesn't necessarily cancel the contract.

You need to post the contract terms removing any personal details.

[josh]

Thank you so much for advice, Apologies for duplicate posts I will post the contract, but the Interest free Credit was removed from the sale, we therefore rejected the contract as we had no funds to pay for the shed, however once we informed them of this, they stated the order for the shed was based on a special order design, so effectively they refused to put the base in which we paid for and then removed the finance and now, they state we have to have the shed, or will sell it and the lower price they receive after sale or destruction, by 20 January 2020, will be additional liability, ? I will submit the contract here by tomorrow afternoon as they need scanning

[josh]

just photographed the contract hope this works advice appreciated

[jaguarsuk]

Okay, so these change everything.

Clause 8 changes my previous point, the shed remains their property until you have paid for it.

Clause 10 is the killer in terms of liability if they have manufactured the shed, which them saying they will sell it would suggest they have.

They have breached clause 15.4 as the workmen left the site having not been able to access the base and having not left the shed 'kerb side.'

We're going to need the terms of the finance agreement as well, to see what their rights to terminate the agreement are?

[Amethyst]

Part of the contract appears to be laying a base for the 7x5 shed and moving it from the current location onto the new base, as well as removal of a potting shed, building the base for the new shed and installing the new shed.
The company should have informed the installers that the other shed needed to be moved and if more manpower was required organised that and included it in the price. It wasn't a surprise that they had a shed to move first.*

When you say they cancelled the finance did they put something in writing to you about this ?*

What's the bit about a cheque for £430 and something being removed after finance accepted ? Looks like it was written on a different sheet and had carboned through to that sheet ?

Unfortunately it seems you paid the deposit by bank transfer so you don't have any possible redress through the bank/credit card company.

[josh]

The Finance was approved with Hitachi Finance, when the manager was here he agreed he would look for a resolution and get a base installed as soon as possible, however the Director of the Firm, stated the base will not be done by them 3 hours later after they left, we then received notification that the Finance has been cancelled - on contacting them they advised the Director stated the contract was no longer Valid, we put this in writing and accepted that as they have cancelled the Finance without agreement, the have broken the contract in addition to not installing the base. they have stated they will now pursue us for the remaining balance, we have advised we are taking us to Court for breach of Contract and cancelling the Finance thereby leaving us with a shed we have no money for, they said they do not care, we owe the money on disposal of the shed and this is a further approx 3600, when we have no shed or no finance, they only accept Bank transfer they would not accept Credit card

*

[josh]

Virgin Media Mail Compose.pdf

[josh]

this was the only notice we received from the Finance Company - there were no cancellation terms at all

[josh]

We had no notice of termination of the Finance or the changes in the contract due to this as we understand that the Incentive was made clear by the offer of the 0% which they then cancelled and hold us now liable, for the distress they have caused

[josh]

Part of the contract appears to be laying a base for the 7x5 shed and moving it from the current location onto the new base, as well as removal of a potting shed, building the base for the new shed and installing the new shed.
The company should have informed the installers that the other shed needed to be moved and if more manpower was required organised that and included it in the price. It wasn't a surprise that they had a shed to move first.

When you say they cancelled the finance did they put something in writing to you about this ?

What's the bit about a cheque for £430 and something being removed after finance accepted ? Looks like it was written on a different sheet and had carboned through to that sheet ?

Unfortunately it seems you paid the deposit by bank transfer so you don't have any possible redress through the bank/credit card company.

NO nothing in writing it was just cancelled same date of installation when they realised they could not move shed, but then used the Excuse they could not return as we were abusive, we were not, we told them to go back and get a manager, but instead cancelled the base and stated that we have to install our own base, they refunded the money paid for the base deposit, but not* the rest, they also indicated that as far as they were concerned, despite terminating the Finance, without consultation and also changing the contract now to exclude the base, without our knowledge they would not deal with the contract, but we still remain fully liable for the total cost of 6400, minus the 2000 and whatever that may be based on disposal or sale.
*We are at a loss how they can cause the problem, cancel the contract and finance and then chose to do as they wish, but we are not only out of pocket but have no shed we paid for?

*

[josh]

i would be grateful for any advice to take this matter to Court

[jaguarsuk]

That email actually helps you with the reasons it lists for cancellation.

Lets take them one by one.

The goods are no longer available

They're going to sell the shed, so that's not the reason

You have decided not to continue with the purchase

This is not the case.

You have decided to pay by another method and no longer need the finance

Nor is this. In fact the contract specifically states the balance will be settled by finance and there is no clause in those terms that allows them to change that.

You have decided not to provide the additional information that we asked for

Or this

The Sales Order has been cancelled for another reason

Therefore this must be the reason. And I didn't think about this with my earlier post, clause 10 talks about if you cancel and not them, so it's not applicable to this situation.

The order has been cancelled meaning they have voided the contract, none of it's clauses apply and they owe you the deposit.

Given their behaviour thus far I'd circumvent the pleasantries and send a letter before action to them.

[josh]

Thank you so much

[josh]

I have submitted the claim today, via online, I am sure they will try and issue a counterclaim for the Summerhouse being built and not now cancelled, even though they have cancelled the finance and not carried out the work, Hopefully the Judge will see through this game of theirs and we will soon be able to close this very stressful matter.