Hi
in April 09 we paid a third as a deposit for a large garden building. The company stated it would take 6 weeks to build and they would contact us to arrange delivery - we didn't hear anything and began phoning to arrange delivery, unlike previous experiences we could not get a reply after a week or so we got contact and he informed us that he had a massive order and was trying to fulfil that and ours and suggested a date for delivery - we were told they would confirm but obviously never did. We finally got hold of them again and a date was fixed for delivery and erection. We tried phoning the week before to confirm and left countless messages the day of the arranged delivery arrived and we received a call to say he had a problem with the lorry and was trying to arrange another lorry for delivery. The following afternoon we received a call from him to state that his lorry had been repossessed and the bank had frozen his overdraft. He did state our building was 'ready to go' but obviously did not have a means to get it to us.

we have had further contact but with no luck in organising either a delivery or refund. The deposit was paid with a company cheque.

What are our rights and how do we go about in trying to get our money back.

anyone any ideas

First of all you need to appreciate that if the company is in financial difficulties, it is possible that you could end up with nothing if, for exaple, they go into liquidation. In your shoes, I would proceed as follows.

I would write a letter stating that you would like either delivery of the building or a refund of the deposit by a certain date (2 weeks, perhaps?) otherwise you will be taking legal action. You should keep a copy of the letter and ask the post office for proof of posting (or recorded delivery). If nothing happens, you should start the small claims process.

http://www.moneyclaim.gov.uk/

If the company does go into liquidation, you could contact the liquidator and try to take possession of your building which, I expect, will be currently on the company's premises. If you don't do this, you might get a few pence for every pound that a company owes when it goes into liquidation.