Am I being fair!

[kevinlightfoot]

I mentioned a while back that I was having a new kitchen built and fitted.Idecided on a local company and agreed a price that would be paid in stage payments and that a sum of£1500 would be retained just in case anything should go wrong.From the offset things did go wrong,from design mistakes,poor tradesmen doing the fitting and customer service being very poor,I have had to correct poor work myself,coordinate tradesmen and generally have to put up with unsatisfactory communication over the many problems which have occurred .From poorly fitted cabinets,leaky plumbing,incorrect installation of hob extractor,abysmal fitting of the kitchen units plinths and cabinet doors and drawers to my having to assist from the very start with the removal of the old kitchen because only one chap was sent on his own,assist in the fitting of cabinets because the fitter did not have the required tools or indeed the ability,I am curious as to what the panel think when I am holding back the reminder of the money.The company are saying that if I do this then all of the istallation will not be guaranteed including appliances and granite worktops.What do you think?

 

[user22161]

You don't say whether they have rectified the problems and it's now satisfactory. If it's not, then keep hold of the money until it is. If there's still a dispute then Trading Standards may be able to offer advice or help.

 

[kevinlightfoot]

Yes the faults have been rectified but after multiple attempts and a very prolonged period of time,many of the problems I have had to put right myself after frustration at poor tradesmen.Ijust feel that I paid for top class work and didn't get it.The kitchen cost £23,000 and for that money I expected the best and I definitely didn't get it.

 

[lurker]

If they ask for the remainder, I would be telling them you plan to start a small claims case for 25% of the total.
You might want to cost your time expended, at the same rate as theirs . Just to show them you mean business.

 

[user22161]

I can understand your sentiments but, they could always take you to the small claims court for the balance with the possibility of a judgement against you. Would they be willing to compromise and give you some discount as compensation? Your other possible dodge is to sent a cheque for some of the balance owing with a letter stating "in full and final settlement". If they bank it, then they've accepted the payment as final. I wouldn't worry about appliance guarantees, there's always the manufacturer's backup.

 

[sunnybob]

I hope you photographed every mistake, and kept a record of all correspondance.
In a small claims court, "he said - she said" arguments will always go against the person who owes the money.
If you have, I would just keep the money and maybe send them a bill for your time and effort.

 

[kevinlightfoot]

We have registered the appliances with the manufacturers and I think if the company carries on doing business in this way I can't see them surviving very long so their guarantees won't be worth much anyway.I just am unsure whether or not to settle and put it down to poor judgement on my part,this is one good reason to not do business with people who want a substantial payment up front,I wonder if other kitchen companies operate in the same way.I know when I had my own business I didn't take any payment until the work had been completed to the customers satisfaction,perhaps this is unusual now.We have had other work done,new windows,new conservatory etc.where no deposit was paid and only payment expected when work was completed satisfactorily,no problems whatsoever.

 

[kevinlightfoot]

Sorry just seen your message Sunnybob.No I've never had problems like this before so no photos or such like.I hope it doesn't get to the court stage,I suppose it would be the little man who suffers again,the experience will make me very aware in the future,then again I don't suppose at my age I will be needing another kitchen in the future.

 

[sunnybob]

Tough it out.
Keep the money and tell them theyre idiots and you are going to rubbish them in every way possible to as many people as possible. They might walk away.
If it comes to a court case, settle immediately.

 

[kevinlightfoot]

I think I wil take your advice and tough it out,it's not that I have anything to lose before it got to court,do they have to inform me of their intentions or can they just file a claim without any warning and it end up costing me more?

 

[RobinBHM]

they have to follow pre action protocol which includes negotiation

 

[Just4Fun]

Over the years I have had 3 jobs where I considered the work to be sub-standard. In one case the contractor was told to leave in the middle of the job and we found someone else to complete it. In the other cases the contractors were not asked back for follow-up projects that were available. In all cases I settled their accounts in full for the work they did even though I was not happy with the quality. Perhaps I am a soft touch but I am all for a quiet life.

 

[beech1948]

As a contrast to Just4fun I had 3 fitted wardrobes installed by a well known national company that were just awful as to quality, fitting inaccuracies, lack of components to have a second cut at it etc etc. After the first one was halfway through I stopped the work and called their manager to complain very loudly. He visited a day later which gave me time to take pictures and list and every infringement. At the end of the job with him and I supervising almost daily I got a 19% discount.

I still had 2 full days putting it all back to correct.

hang tough I say

 

[Rich C]

I think I wil take your advice and tough it out,it's not that I have anything to lose before it got to court,do they have to inform me of their intentions or can they just file a claim without any warning and it end up costing me more?

As Robin says, they have to notify you before commencing proceedings. Also, they generally can't claim much in the way of costs in the small claims court, so it won't increase much over the original debt. Going to court is always the worst way to get money, so they are unlikely to take it that far.

 

[kevinlightfoot]

Thanks for all your replies guys,after a sleepless night worrying about it I decided to go in and pay this morning,I can do without the worry after receiving some bad news about my wife's health,sort of puts things in perspective doesn't it.I hope I don't have any more problems but in future I will take Sunnybobs advice and take photos just in case,oh and don't pay up front other than a small deposit.Again thanks for the many well meaning replies Kevin.

 

[Garno]

Thanks for all your replies guys,after a sleepless night worrying about it I decided to go in and pay this morning,I can do without the worry after receiving some bad news about my wife's health,sort of puts things in perspective doesn't it.I hope I don't have any more problems but in future I will take Sunnybobs advice and take photos just in case,oh and don't pay up front other than a small deposit.Again thanks for the many well meaning replies Kevin.

I thimk you have made the wiser choice of your available options

 

[Inoffthered]

I can understand your sentiments but, they could always take you to the small claims court for the balance with the possibility of a judgement against you. Would they be willing to compromise and give you some discount as compensation? Your other possible dodge is to sent a cheque for some of the balance owing with a letter stating "in full and final settlement". If they bank it, then they've accepted the payment as final. I wouldn't worry about appliance guarantees, there's always the manufacturer's backup.

I had prepared this note prior to seeing that you have settled, but this may give an indication of what is involved with a small claims dispute

There is nothing to fear from a trip to the small claims court and the implied threat of "a judgement against you" is only relevant if, having gone to court, you fail to abide by the court's decision.

Prior to getting to court the plaintiff will have submitted his case and the defence will have submitted a response. It is possible that on the strength of the written submissions a judge will make a decision and advise the parties accordingly. If there case is not clear cut then the judge can invite both parties to attend a hearing.
There is generally an opportunity for you to explain your case in more detail and answer any questions put to you by the judge. Having heard both sides of the argument the judge forms a judgement and delivers his verdict. If the case is found against you , you will have a period of time to pay up (30 days I think) honour the judgement (or issue an appeal against it). If you pay up within the prescribed period there is no judgement recorded against you and no public record of the dispute is available. A list of small claims court judgement that is not settled would appear on public record.

One thing to bear in mind is the current philosophy regarding dispute resolution is to dissuade parties from going to court without reasonable attempts to resolve disputes. With this in mind, it could help your case if you can show from correspondence that you have been reasonable in your attempts to resolve the dispute. A party that adopts ignores genuine complaints, adopts a belligerent approach and threatens court action as a means of intimidation will not be well received in court and the award for costs (one way or the other) could be influenced by pre hearing actions.

 

[kevinlightfoot]

Thanks again guys at least I will sleep tonight now all is settled.