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Help needed re contract law and rogue trader


vixtrix
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In a nutshell, last July I signed a contract and paid a deposit for £2000 to have solar panels installed. Estimated installation was 29th July. This was stated in the contract and also confirmed in an email that arrived on 30th July. Then silence. Calls were not answered or messages returned. Despite repeated requests for assurance there was nothing forthcoming. When I did manage to speak to the MD he was hostile and behaved like I was a nuisance. So on Sept 3rd I sent a breach of contract (due to the unreasonable length of time) letter requesting refund of deposit in 14 days. Again, nothing. So finally in December I applied to the courts to get my money back. He is defending stating that the contract stated that I had no right to cancel (which it does) Also, he is now counter suing me for the outstanding balance as stated in the contract. Can the law really allow him to take my money without supplying the goods despite breaching the contract by failing to supply? He already has over £100,000 in unpaid CCJ'S against his previous company (I only found this out later) and is well known to Trading Standards. Have I got a leg to stand on? I know I've been an utter numpty so please don't be harsh.

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No-one has answered, but if you haven't heard anywhere else, I'd say you need to get a solicitor's help with this amount, just to be on the safe side.

 

The OFT have a very helpful leaflet it's a download pdf OFT698 which is actually a guide for businesses on distance selling.

 

I'd say you need to get a solicitor not just for your claim as you need to get it sorted, but to consider whether his counter claim is vexatious.

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If the facts are as you describe it doesn't sound like he will be able to claim the price without doing the work.

 

The problem would come with enforcement. Is this a limited company? I wouldn't be surprised if the company doesn't have assets.

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The company is a Limited Partnership. His previous company was a Limited Company and has loads of unpaid CCJ's registered against it so I know that I have probably lost the money. I went to court in the naive belief that he wouldn't defend it and then it at least gets legally registered as a debt. My only hope is that as this company is only a year old he might want to settle debts to keep it running (it is a phoenix company. He has tried to dissolve the previous company but it has been stopped by a claimant). He is an absolute rogue trader who has upset quite a lot of people and is well known to Trading Standards.

 

I have made an appointment with my local law clinic to try and get some advice. Thanks a lot.

Work is the curse of the drinking classes!!

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