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

[ostell]

So you didn't send a letter before claim, as advised

[josh]

So you didn't send a letter before claim, as advised

Sorry just to Clarify the LBA was sent and they stated they are awaiting the claim to go to Court and will defend the claim, so they rejected the offer to settle the claim without a Court claim, we waited until today and submitted the claim on line

[jaguarsuk]

Sorry just to Clarify the LBA was sent and they stated they are awaiting the claim to go to Court and will defend the claim, so they rejected the offer to settle the claim without a Court claim, we waited until today and submitted the claim on line

Well if that's their attitude there is little else you can do.

[ukcommando]

It would be interesting to hear how you get on with this. The only point I would add to the other sound advice here is that you can argue the contract only stands or falls in its entirety (sorry, can't recall the appropriate legal term right now). You engaged specialists to build and install the summerhouse for you, removing the old shed in the process, there's no suggestion that you were considering an alternative of installing it yourself (for example). They've breached the contract, so you're entitled to be restored to your original position and have your money back.

[josh]

We Submitted the claim on line they did not respond so we issued the claim for High Court enforcement, they then received the Judgement on 17 FEB 20, on the same date they wrote to us 3 x stating that we now owed them over 3600 in addition to the deposit, with 7 days to 1 March 20, failing which they will add £5 per day storage and insurance costs and interest to their bill, they are just either deluded or this is a Joke, they cancelled the Finance, terminated the agreement which we accepted was terminated, now they are trying to add more charges !

The Bailiffs are going in within 14 days, the worse part about this is the harassment from the Director who is also a Local councillor, he just seems hell bent of causing the most damage to our mental health despite being the one who cancelled the Contract?

We are at a loss to how he can do this, there seems to be no Moral standards he has applied.

[josh]

posted twice

[ostell]

Wait and see what happens after the sheriffs go in.

[josh]

Hi the fools have now paid up as the Enforcement Officers sent a letter, they paid two days later, I have now reported them to the FCA and their Principle lending firm Hitachi Finance ltd, I am so distressed about what they put us through and their actions to date.

[josh]

they are now threatening legal action for the Return of the Deposit and the full amount and storage costs, we have just filed the letter and await the Court claim

[jaguarsuk]

Wow they are idiots.*

They cancelled the order, therefore you didn’t buy anything and what they are storing belongs to them.*

[josh]

We requested the Copy of the Finance agreement they have cancelled from Hitachi finance this was their response, they have destroyed the agreement as the Retailer cancelled the Finance, and the money must be paid to the Retailer - they are all in collusion its disgraceful we received this to them this morning - we need to see cancelled agreement and need a copy for our records - they did not supply us with any copies.
*

Thank you for your email.

*

Firstly, with reference The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, this relates to the cancellation rights provided to you as the consumer by the retailer, and is not related to the finance being cancelled by the retailer.

*

I have attached a copy of your sales invoice with Bentleys which contains their terms and conditions.

*

With regards to the finance agreement, I am unable to provide you with a copy of this document as we no longer hold this information due to the finance being cancelled. We do not hold customer data longer than necessary and the agreement is therefore removed from our system once the application is cancelled. *

*

[josh]

Thank you everyone this case has been settled by the court in my favour the seller was wrong to cancel and equally did not defend the claim in court so full amount settled in judgement and in addition to all costs and collection charges.