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  1. #1
    Join Date
    Jul 2011
    Posts
    4

    Angry Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Deposit

    My question involves a consumer law issue in the State of: NH

    We hired a company to install a pool at our home. They required a deposit of $2000 and dropped off some of the pieces of the pool. (it was a previously used pool, that they were refurbishing to make new again) The agreement was for them to return to then build the pool and we would continue on a payment arrangement that we agreed to.

    The problem is that every time we set a date with them to return to our house and install the pool, they cancel at the very last minute and reschedule a week later. This has now happened to us 3 times. We came to the point that we felt we could not trust them to follow through with their end of the deal and requested that they return our deposit and pick up the pieces of the pool that they left here.

    In the email I stated that they are to come on a specific day to do this. The exact response I got from the company was "ok see you then". That's it, nothing more. To me that sounds like they agree to return my money and pick up their pieces. NOW, two days later, they're telling me that because they put money into refurbishing the pool, they won't return my money until they sell it again. Can they do that?? Especially when the initial reponse to my request sounded like an agreement to return my money?

    I don't want this to get nasty, so I'm not sure if I should rush to small claims court or not. Today is Monday and they said they would be here Thursday. To avoid court, how long should I allow them to keep my money?

    Another bit of info on this: In another email the company sent me, they offered to just sell me the pool and then I could hire someone else to install it. Honestly, their business etiquette has been less then professional and I don't want to continue to do business with them.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Dep

    Where did the pool come from? Did you request the refurbish the pool?

  3. #3
    Join Date
    Jul 2011
    Posts
    4

    Default Re: Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Dep

    Yes, we did know going into this that the pool was refurbished. That's what this company does, which is way cheaper than buying a brand new one.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Dep

    I didn't mean; did you know it was a refurbished pool. I meant; was this pool refurbished specifically for you. Did you pick out a pool from wherever and say, I want that one. Go ahead and refurb the think and we will buy it.

  5. #5
    Join Date
    Jul 2011
    Posts
    4

    Default Re: Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Dep

    When he came to our house for the consultation, he told us that the pools were partially started. He looked at our property and then gave advice one which pool he felt would work for our home. He later email pictures of the pool at the home that it was originally at, and we agreed to go with that one. From what I understand, he used our deposit to order a new liner and continue to work on this particular pool.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Company Reschedules Our Appointment Multiple Times, Can We Cancel and Get Our Dep

    Tough call.

    Is there any contract, written or verbal, other than the basic agreement you have laid out?

    Barring something within a contract, because of why you are cancelling the contract, I believe you would be due your deposit. It's not like you just changed your mind and said forget about it. If you had, I believe the company would have a right to keep your deposit to cover their costs already incurred in contemplation of you buying the pool.

    Since you are terminating the contract based on a breach, I believe you would have a right to a full refund. They made specific promises as to when they would be installing the pool and have failed to fulfill those promises.

    The only question not asked or answered and which could make a difference is: have they given you any reason for all the no-shows?

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