Consumer Law, Warranties Refund problem

[JohnB]

I am a contractor and may have an issue with a supplier and a refund. Several months back I placed an order for stone with said supplier and I furnished a 50% downpayment for $2300 for my order with the remaining $2300 due upon completion and delivery. After numerous delays and excuses from the supplier over 3 months, I decided to cancel the order and the supplier agreed to refund my original deposit. After several weeks now, I have not yet received it and my difficult dealings with this company are leading me to believe that I may have to resort to some legal means to resolve this issue. My concern is that most of our communication has been oral; I have his original proposal for the stone with the terms (50%, etc.) (and proposal was not signed but rather accepted orally) and a paper record from my bank that this check was cashed; again, otherwise, all communication has either been over the phone, or in person.

I have limited to no experience with the legal world and wonder what legal options I may have in order to get my deposit returned; any guidance would be greatly appreciated.

Thanks, JohnB

 

[presutin]

Send the supplier a certified letter requesting the return of the deposit money you gave him; state on the letter the date that you would like to get those funds back. If no response, contact the Small Claims Court Mediation Office at the state you live at to set up a mediation meeting in the hopes to have this case resolved amicably. If no positive results, file a claim with the Small Claims Court for the amount you are due. Good Luck!

 

[muggsyj]

This is not legal Advice!

Hi JohnB,

If I were you I would write a letter to the company, explain in the letter that you had an agreement with them of which you were more than willing to complete but due to a combination of factors that were nothing to do with you, the said company could not fulfil their end of the bargain. This left you no option but to cancel the agreement because the original proposals and time limits could not be met by there company. You now seek a Full refund of your money to take immediate effect and completed within 14 days of your dated letter.
You also stress that after numerous oral meetings with there company they have left you no choice than send this demand for repayment and if this not met within the dated time limit you will have no option than to proceed with legal action for the outstanding amount and any costs incurred by yourself in seeking the repayment.

Send the letter signed for and keep a copy. keep any correspondences they send you and then if they decide they would like to default on your repayment, then go see a lawyer with your letter and he will advise you as to your next step.

Good luck.

 

[presutin]

Make sure you check the laws on your state regarding amounts being claimed and what options you have. Mediation many a times cuts some ot the legal red tape that is so omnipresent in our court system. Good luck!

 

[JohnB]

Kind thanks for your advice --

Thank you,

JohnB