Company does not refund deposit within cancellation period?

Questioner

During an appointment at our home with a representative, I signed a purchase agreement for the installation of air conditioning. That evening, we also paid a deposit of half of the purchase agreement. That evening, the representative's story seemed very competent, but when I later read the purchase agreement, it turned out that an outdoor unit would be installed that was only half the capacity of the indoor units. I then indicated to the company that I had my reservations about this and that I wanted to cancel the purchase agreement and have the deposit refunded. The small print on the back of the purchase agreement also literally states that I am entitled to the statutory withdrawal period of 14 days. The next day, I immediately received an email stating that another appointment would be made. Perhaps another representative could convince me. Not a word was said about refunding the deposit. After this, I sent several emails (also by registered mail), clearly requesting a refund of the deposit, but I received no response. What can I do now to get my deposit back? I have already informed the company that there is no more installation of any system with them and I want my deposit back. If legal proceedings are necessary to get my deposit back, this will most likely entail considerable legal costs. I do not feel like all kinds of legal proceedings, which would make the legal costs higher than the 5000 euros that I have paid in advance and I suspect that the company is playing on this. Although I know that in a case like this the losing party pays all legal costs because they refuse to pay back, against the law, I have to see if I ever get them back. They know this too and still my request for a refund of the deposit is not being honored. I have also stated very clearly that if the deposit is not refunded I have no other option than to enter into a legal dispute.

Lawyer

Dear Sir/Madam, In such cases, it helps to send a letter stating that in the event of late payment, legal proceedings will be initiated. In the event of late payment, interest and costs can also be stated in the letter. Experience shows that a company will then pay more quickly - especially if the letter comes from a lawyer. If they still do not want to pay, legal proceedings must indeed be initiated. I can assist you with this. We can make fixed price agreements about this, so that you know what costs you will incur. Should you require my legal assistance, please do not hesitate to contact me. Yours sincerely, Mr. PJA de Jong pjdejong@solutionsadvocate.nl.