highlandjambo3 Posted January 1, 2020 Author Share Posted January 1, 2020 4 minutes ago, NANOJAMBO said: Just my suggestion - don't back down. Write a simple letter saying you are open to resolving the matter out of court. Ask the company if they're like minded and ask them to propose a way forward. Date/venue etc. Put it back in their court. They will not like being put on the spot. Ok, I’ll consider that, I’ll see what others think. The only resolution now is my money back as I have another fitter coming to do the job mid January. That may be one of the suggestions the court recommended but, in my defence, I did send an e mail to them requesting an alternative fitting date January/February at a date to be agreed by them but, they failed to reply. Quote Link to comment Share on other sites More sharing options...
NANOJAMBO Posted January 1, 2020 Share Posted January 1, 2020 1 minute ago, highlandjambo3 said: Ok, I’ll consider that, I’ll see what others think. The only resolution now is my money back as I have another fitter coming to do the job mid January. That may be one of the suggestions the court recommended but, in my defence, I did send an e mail to them requesting an alternative fitting date January/February at a date to be agreed by them but, they failed to reply. I did mean to resolve it by means of mutual agreed settlement , not allowing them to come back. Sorry for not making clear. You could also maybe reinforce the point you had offered them the opportunity to rectify the situation but they chose not to do so , hence no option but to engage another contractor. Looks like you're on good grounds here : don't back down. The company will be hating this , it's a real hassle for them and I doubt they will be happy about more cost in having to engage a lawyer for legal advice. Although they may not and just try to bluff you out. Good luck. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 1, 2020 Author Share Posted January 1, 2020 9 minutes ago, NANOJAMBO said: I did mean to resolve it by means of mutual agreed settlement , not allowing them to come back. Sorry for not making clear. You could also maybe reinforce the point you had offered them the opportunity to rectify the situation but they chose not to do so , hence no option but to engage another contractor. Looks like you're on good grounds here : don't back down. The company will be hating this , it's a real hassle for them and I doubt they will be happy about more cost in having to engage a lawyer for legal advice. Although they may not and just try to bluff you out. Good luck. Tbh I thought they would have folded by now......not sure is any respectable lawyer would take them on, I can’t for the life of me come up with even one credible thing to reinforce their position....... first question from the judge to them..... “ok, so why did you fail to pay back their deposit”.... I have no idea how they will answer this. second question......”did you not attempt to renegotiate an alternative installation date”...... I have no idea how they will answer this. third question........”did you make any attempt to resolve this issue with the client and if so, what did you do” .....I have no idea how they will answer this. Quote Link to comment Share on other sites More sharing options...
Captain Sausage Posted January 1, 2020 Share Posted January 1, 2020 Looks like a slam dunk of a case. Looking forward to hearing of your success at the end of the month Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 1, 2020 Author Share Posted January 1, 2020 36 minutes ago, Captain Sausage said: Looks like a slam dunk of a case. Looking forward to hearing of your success at the end of the month I have a feeling they will accept my lesser claim out of court before the end of the month, especially when I mention the story is likely to hit the local media circuit. Quote Link to comment Share on other sites More sharing options...
3fingersreid Posted January 1, 2020 Share Posted January 1, 2020 Hope you get the result that we all want you to get and more if possible Quote Link to comment Share on other sites More sharing options...
Brick Tamland Posted January 2, 2020 Share Posted January 2, 2020 I’m looking forward to you winning and then naming and shaming the shower (No pun intended) of shitehawks. Quote Link to comment Share on other sites More sharing options...
TheOak88 Posted January 2, 2020 Share Posted January 2, 2020 What court is this being resolved in? Small Claims Court? Quote Link to comment Share on other sites More sharing options...
Harry Potter Posted January 2, 2020 Share Posted January 2, 2020 10 hours ago, highlandjambo3 said: I have a feeling they will accept my lesser claim out of court before the end of the month, especially when I mention the story is likely to hit the local media circuit. what does the 8000 involve, new floor, tiles, tiles all round the bathroom, anyway good luck bud, terrible this happening to you. Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 2, 2020 Share Posted January 2, 2020 (edited) 12 hours ago, highlandjambo3 said: I have a feeling they will accept my lesser claim out of court before the end of the month, especially when I mention the story is likely to hit the local media circuit. You seem to have done everything ideally and not created any opportunities for 'loopholes' to be exploited. In my opinion, I wouldn't be offering them the lesser claim as you have a business reason to justify the loss of earnings this has caused. Like others have said, putting the ball in their court for the negotiation step seems like best course of action. Be prepared for an unexpected response (face to face, phone call...) and look to have this recorded should it occur. Good luck (not that I think it's needed). 👍 Edited January 2, 2020 by Samuel Camazzola Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 49 minutes ago, Samuel Camazzola said: You seem to have done everything ideally and not created any opportunities for 'loopholes' to be exploited. In my opinion, I wouldn't be offering them the lesser claim as you have a business reason to justify the loss of earnings this has caused. Like others have said, putting the ball in their court for the negotiation step seems like best course of action. Be prepared for an unexpected response (face to face, phone call...) and look to have this recorded should it occur. Good luck (not that I think it's needed). 👍 The reason behind the lesser claim is to strengthen my position within the court as they have recommended this, it’s no big deal the loss of earnings as it’s only part of what I earned, I did manage to recuperate around 60% of my loss ant tbh, as the rooms were more empty than they should have been, technically I was not working at the same level had the rooms been open I.e, less breakfasts to make, less rooms to strip out and re do, less laundry (lesser laundry bill) and tbh..... a wee bit of a break from a busy year 😀 Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 7 hours ago, TheOak88 said: What court is this being resolved in? Small Claims Court? Small claims court no longer exists (in name) it’s now called “The simple procedure” however, is can still end up in court where the outcome is decided so it’s more or less the same but, the simple procedure is more about encouraging an out of court settlement. Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 2, 2020 Share Posted January 2, 2020 1 hour ago, highlandjambo3 said: The reason behind the lesser claim is to strengthen my position within the court as they have recommended this, it’s no big deal the loss of earnings as it’s only part of what I earned, I did manage to recuperate around 60% of my loss ant tbh, as the rooms were more empty than they should have been, technically I was not working at the same level had the rooms been open I.e, less breakfasts to make, less rooms to strip out and re do, less laundry (lesser laundry bill) and tbh..... a wee bit of a break from a busy year 😀 👍 If there was a jury for this case, I know what side the verdict would be going to. Will be interesting to hear what reasons the case for their defence are built on. Hopefully the tarnishing of their reputation doesn't impact on your business with them seeking revenge (ie via Trip Advisor etc..) Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 3 hours ago, Harry Potter said: what does the 8000 involve, new floor, tiles, tiles all round the bathroom, anyway good luck bud, terrible this happening to you. The complete bill was 7.6k with me paying 50% deposit. The final bill was not confirmed as there was likely to be additional work in upgrading the ceiling extractor plus a couple of other bits and pieces, no more than 2-300 extra. The fit was complete bathroom renovation, old kit out, new kit in (no bath though), wetwall, ceiling with led lights, large walk in shower, flooring, hung pan and sink unit, mist proof led bathroom mirror.... all decent kit. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 1 minute ago, Samuel Camazzola said: 👍 If there was a jury for this case, I know what side the verdict would be going to. Will be interesting to hear what reasons the case for their defence are built on. Hopefully the tarnishing of their reputation doesn't impact on your business with them seeking revenge (ie via Trip Advisor etc..) Unless they are complete thick It should be ok, if they tell lies then I will seek advice on that matter. They do have reviews on google with one of them being particularly poor, wait till they get my review 😀. Thing is, it’s only slander or defamation of character is it’s untrue, what I will post will be true so as not to get into bother (after it’s all completed of course). They really must be thick as they have shot themselves in the foot, being in the hospitality business up here, I have already warned off numerous people about my misfortune and, I carry out portable appliance testing on many hotels, b & b’s, holiday parks etc......all will be informed of my predicament..............not good business for them if this goes to court.............. psst......close in a bit so I can whisper in your ear................I’ll be sending this story to the press even if out of court settlement is done, I’ll only tell the truth though, facts and not opinion so I don’t get into bother. Quote Link to comment Share on other sites More sharing options...
Ribble Posted January 2, 2020 Share Posted January 2, 2020 Just reading this and the only things that I can see that the fitters could possibly be using to contest (I'm not saying they are valid or in anyway excuse their failure to fit) but you should be prepared for these kind of things to come from them) - They may claim that the deposit covers the bill of materials that are specific to your job and may not be able to be returned - If they have standard conditions of sale either posted on a website or in their showroom they may claim that these form the contract and may include a clause saying that the 50% deposit is non-refundable. Quote Link to comment Share on other sites More sharing options...
Justin Z Posted January 2, 2020 Share Posted January 2, 2020 4 minutes ago, Ribble said: Just reading this and the only things that I can see that the fitters could possibly be using to contest (I'm not saying they are valid or in anyway excuse their failure to fit) but you should be prepared for these kind of things to come from them) - They may claim that the deposit covers the bill of materials that are specific to your job and may not be able to be returned - If they have standard conditions of sale either posted on a website or in their showroom they may claim that these form the contract and may include a clause saying that the 50% deposit is non-refundable. He can counter either of those claims--with the second example, while that's possible to be built into the contract somehow, they didn't perform on their part of the contract, and then failed to arrange a new date or otherwise remedy that failure, so arguably they've materially breached the contract. That would free highlandjambo3 of his obligations, and I would imagine a judge would hold that includes the otherwise non-refundable commitment of his deposit to the job (and this would go for the materials they bought and then never fitted, too). Quote Link to comment Share on other sites More sharing options...
Ribble Posted January 2, 2020 Share Posted January 2, 2020 5 minutes ago, Justin Z said: He can counter either of those claims--with the second example, while that's possible to be built into the contract somehow, they didn't perform on their part of the contract, and then failed to arrange a new date or otherwise remedy that failure, so arguably they've materially breached the contract. That would free highlandjambo3 of his obligations, and I would imagine a judge would hold that includes the otherwise non-refundable commitment of his deposit to the job (and this would go for the materials they bought and then never fitted, too). I agree, just commented to make sure that highlandjambo3 is ready to counter those kind of claims, especially if there are standard terms of sale that contain clauses relating to the mechanisms required to re-arrange a fitting date or claim a refund for a deposit. As an example highlandjambo3 said that he emailed their generic 'sales@' email which they claim they didn't see, if the standard terms of sale specify that communications relating to fitting dates is sent to a 'fitting@' email address then that could go in favour of the company. Quote Link to comment Share on other sites More sharing options...
Justin Z Posted January 2, 2020 Share Posted January 2, 2020 16 minutes ago, Ribble said: I agree, just commented to make sure that highlandjambo3 is ready to counter those kind of claims, especially if there are standard terms of sale that contain clauses relating to the mechanisms required to re-arrange a fitting date or claim a refund for a deposit. As an example highlandjambo3 said that he emailed their generic 'sales@' email which they claim they didn't see, if the standard terms of sale specify that communications relating to fitting dates is sent to a 'fitting@' email address then that could go in favour of the company. Yes, good thoughts, although just because the contract states communications ought to go to a specific e-mail, that doesn't necessarily mean they're off the hook. It would be a point of contention but I'd expect a judge to laugh at a company claiming they don't check their "sales@" email all that often or carefully, so they missed it Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 1 hour ago, Ribble said: Just reading this and the only things that I can see that the fitters could possibly be using to contest (I'm not saying they are valid or in anyway excuse their failure to fit) but you should be prepared for these kind of things to come from them) - They may claim that the deposit covers the bill of materials that are specific to your job and may not be able to be returned - If they have standard conditions of sale either posted on a website or in their showroom they may claim that these form the contract and may include a clause saying that the 50% deposit is non-refundable. In which case these materials are surly mine then and, no attempt to give me my materials have been made by the company. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 1 hour ago, Ribble said: I agree, just commented to make sure that highlandjambo3 is ready to counter those kind of claims, especially if there are standard terms of sale that contain clauses relating to the mechanisms required to re-arrange a fitting date or claim a refund for a deposit. As an example highlandjambo3 said that he emailed their generic 'sales@' email which they claim they didn't see, if the standard terms of sale specify that communications relating to fitting dates is sent to a 'fitting@' email address then that could go in favour of the company. I have thought about this, I liken it to ripping up the gas bill when it pops through the door. If they have provided a generic e mail address and the e mail has reached that address then the issue is more a communications failure within their organisation, nothing to do with me. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 1 hour ago, Justin Z said: He can counter either of those claims--with the second example, while that's possible to be built into the contract somehow, they didn't perform on their part of the contract, and then failed to arrange a new date or otherwise remedy that failure, so arguably they've materially breached the contract. That would free highlandjambo3 of his obligations, and I would imagine a judge would hold that includes the otherwise non-refundable commitment of his deposit to the job (and this would go for the materials they bought and then never fitted, too). I understand the concept of “non refundable” deposits or, you forfeit part of your deposit so as the supplier is not out of pocket for time spent doing preliminary work on the project, so let’s say I changed my mind for whatever reason then yes they have a right to make an issue of this but, the main point to remember here is the fitting failed to go ahead at their doing and not mine. Quote Link to comment Share on other sites More sharing options...
Ribble Posted January 2, 2020 Share Posted January 2, 2020 7 minutes ago, highlandjambo3 said: I have thought about this, I liken it to ripping up the gas bill when it pops through the door. If they have provided a generic e mail address and the e mail has reached that address then the issue is more a communications failure within their organisation, nothing to do with me. It will be if their terms of sale specify an alternative email, their internal communication while poor practice doesn't have an impact in that you have failed to communicate to the specified email. Anyway all of this is subjective without knowing if they have standard terms of sale and then seeing them. I should say that while not a lawyer I do deal heavily with contracts relating to purchasing goods and services. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 53 minutes ago, Ribble said: It will be if their terms of sale specify an alternative email, their internal communication while poor practice doesn't have an impact in that you have failed to communicate to the specified email. Anyway all of this is subjective without knowing if they have standard terms of sale and then seeing them. I should say that while not a lawyer I do deal heavily with contracts relating to purchasing goods and services. Tbh (in my opinion) It’s not a strong stance on their behalf......the e mail address is the only sales/email address they have and, my e mails are in my “sent” box not my “inbox” meaning they all went to the recipient, none mails failed to send. As backup, I also have 2 registered letters sent to them which required signatures, none of the letters were returned so both were received by them. I believe my communications attempts with them are 100% watertight. When I did call them on the one occasion to ask for my deposit, the sales assistant could not find any record of the e mails I had sent, they clearly had binned them, fortunately I have kept them 😉 Quote Link to comment Share on other sites More sharing options...
Justin Z Posted January 2, 2020 Share Posted January 2, 2020 2 hours ago, highlandjambo3 said: I understand the concept of “non refundable” deposits or, you forfeit part of your deposit so as the supplier is not out of pocket for time spent doing preliminary work on the project, so let’s say I changed my mind for whatever reason then yes they have a right to make an issue of this but, the main point to remember here is the fitting failed to go ahead at their doing and not mine. Correct--in the case of you changing your mind, you would be the one in breach of contract, and you would still be liable for your obligations under the contract, so the non-refundability of the deposit would continue to apply. However, assuming they are held to be in material breach in the actual case at hand, they would not be able to hold you to your obligations, including the deposit you made, because they did not perform their agreed duties. So the deposit ought to be returned even if they bought materials with it, and even though the contract called for it to be non-refundable. If the above weren't the case, and companies could refuse to return non-refundable deposits even if they didn't perform their contractual obligations, the result would be chaos, and doesn't make any legal logical sense either. As a disclaimer I am just riffing--this isn't legal advice. Quote Link to comment Share on other sites More sharing options...
Harry Potter Posted January 2, 2020 Share Posted January 2, 2020 4 hours ago, highlandjambo3 said: The complete bill was 7.6k with me paying 50% deposit. The final bill was not confirmed as there was likely to be additional work in upgrading the ceiling extractor plus a couple of other bits and pieces, no more than 2-300 extra. The fit was complete bathroom renovation, old kit out, new kit in (no bath though), wetwall, ceiling with led lights, large walk in shower, flooring, hung pan and sink unit, mist proof led bathroom mirror.... all decent kit. Sounds top notch bud, hope you get the deserved proper result in court. Quote Link to comment Share on other sites More sharing options...
Ribble Posted January 2, 2020 Share Posted January 2, 2020 1 hour ago, highlandjambo3 said: Tbh (in my opinion) It’s not a strong stance on their behalf......the e mail address is the only sales/email address they have and, my e mails are in my “sent” box not my “inbox” meaning they all went to the recipient, none mails failed to send. As backup, I also have 2 registered letters sent to them which required signatures, none of the letters were returned so both were received by them. I believe my communications attempts with them are 100% watertight. When I did call them on the one occasion to ask for my deposit, the sales assistant could not find any record of the e mails I had sent, they clearly had binned them, fortunately I have kept them 😉 I agree with you, simply trying to prepare you for some of the counter claims that they might make. I deal almost daily with what in business is known as the 'battle of the forms'* so i'm fairly used to companies chancing their hand with dubious wording hidden deep in their website etc. *one companies terms of sale v the others terms of purchase If they end up actually contesting your claim then they will no doubt have some form of standard terms of sale that they will argue that either they have not yet breached or that you have failed to adhere to. Their claim/defence will hinge upon something to do with the process of cancelling/claiming a refund or it will be based on timescales eg saying refunds must be claimed x no of working days before the original start date or something to that effect. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 2, 2020 Author Share Posted January 2, 2020 4 minutes ago, Ribble said: I agree with you, simply trying to prepare you for some of the counter claims that they might make. I deal almost daily with what in business is known as the 'battle of the forms'* so i'm fairly used to companies chancing their hand with dubious wording hidden deep in their website etc. *one companies terms of sale v the others terms of purchase If they end up actually contesting your claim then they will no doubt have some form of standard terms of sale that they will argue that either they have not yet breached or that you *have failed to adhere to. Their claim/defence will hinge upon something to do with the process of cancelling/claiming a refund or it will be based on **timescales eg saying refunds must be claimed x no of working days before the original start date or something to that effect. I think their best line of defence, if we go to court, will be smoke and mirrors. *There were no terms and conditions offered or signed for by me, either electronically or offered to read or read to me in the showroom, none were on display. ** As far as timescales goes, I asked for a refund and a new installation date to be agreed less than 24hrs after their call to say they could not come on the original agreed date, that is if they agree their was an original start date or, If they go down the line that I was showing no flexibility with moving the date a few days, then I can provide evidence that they did agree an actual start date and (more importantly) I could not work outside that start date, all by e mail which they can say they didn’t receive but I can prove I sent etc.....etc.....like I say, I expect smoke and mirrors from them. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 3, 2020 Author Share Posted January 3, 2020 Update..... registered letter sent to them today offering them the opportunity to repay a reduced rate (no claim for my loss of earnings now) and, even an agreement to allow them to enter into a repayment plan (to be decided yet). Tbh Hope they don’t respond, this will add to my case in court. Quote Link to comment Share on other sites More sharing options...
3fingersreid Posted January 3, 2020 Share Posted January 3, 2020 20 minutes ago, highlandjambo3 said: Update..... registered letter sent to them today offering them the opportunity to repay a reduced rate (no claim for my loss of earnings now) and, even an agreement to allow them to enter into a repayment plan (to be decided yet). Tbh Hope they don’t respond, this will add to my case in court. I’d say that’s a very very generous offer HJ Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 4, 2020 Share Posted January 4, 2020 14 hours ago, highlandjambo3 said: Update..... registered letter sent to them today offering them the opportunity to repay a reduced rate (no claim for my loss of earnings now) and, even an agreement to allow them to enter into a repayment plan (to be decided yet). Tbh Hope they don’t respond, this will add to my case in court. Post the tracking number here and we'll take turns monitoring its status. Klaxon will go off once the signature is registered. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 4, 2020 Author Share Posted January 4, 2020 2 minutes ago, Samuel Camazzola said: Post the tracking number here and we'll take turns monitoring its status. Klaxon will go off once the signature is registered. Tbh....I’m more interested in a klaxon from the transfer market 😁 Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 4, 2020 Author Share Posted January 4, 2020 3 minutes ago, Samuel Camazzola said: Post the tracking number here and we'll take turns monitoring its status. Klaxon will go off once the signature is registered. P.S.......how do you track the letter? Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 4, 2020 Share Posted January 4, 2020 Just now, highlandjambo3 said: P.S.......how do you track the letter? Assuming you used Royal Mail, your receipt will include a tracking reference. Simply input it into their Track and Trace service. https://www.royalmail.com/business/track-your-item#/ Quote Link to comment Share on other sites More sharing options...
Kennedy Bakircioglu Posted January 4, 2020 Share Posted January 4, 2020 Have loved following this thread. Rooting for you to get the right resolution! Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 29, 2020 Author Share Posted January 29, 2020 Bump.... update. I was in court this morning all guns loaded with my printed statement and file full of information to back up my statement, I was and ready to go......it looked like they were not there so, Court is called in and I have to sit for about an hour listening to lots of other civil type stuff but, eventually I was called forward. I have just informed the judge that I would like to read out a statement which details my situation when he says this hearing is a case management hearing and not a court hearing, any evidence I have will need to be submitted to the court 14 days before the court date, which is set at 14 feb. It’s at that point a court official says their dispute to my claim is based on materials they have purchased to do the job. So it looks like they have thrown themselves a lifeline although I still feel confident. So, they have my kit and have had all along? Why was I not made aware of this then. And, as mentioned previously, why did they ignore all my communication attempts including a revisit of another installation date jan/feb this year (which I think is the gem of my claim). Best case scenario, my claim is upheld, worst case scenario I get £4K worth of bathroom kit delivered (it is mine right?), which I’m not to fussed with as I have a third bathroom needs kitted out anyway. I have sought legal advice for the 24th feb......will keep u posted. Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 29, 2020 Share Posted January 29, 2020 2 hours ago, highlandjambo3 said: Bump.... update. I was in court this morning all guns loaded with my printed statement and file full of information to back up my statement, I was and ready to go......it looked like they were not there so, Court is called in and I have to sit for about an hour listening to lots of other civil type stuff but, eventually I was called forward. I have just informed the judge that I would like to read out a statement which details my situation when he says this hearing is a case management hearing and not a court hearing, any evidence I have will need to be submitted to the court 14 days before the court date, which is set at 14 feb. It’s at that point a court official says their dispute to my claim is based on materials they have purchased to do the job. So it looks like they have thrown themselves a lifeline although I still feel confident. So, they have my kit and have had all along? Why was I not made aware of this then. And, as mentioned previously, why did they ignore all my communication attempts including a revisit of another installation date jan/feb this year (which I think is the gem of my claim). Best case scenario, my claim is upheld, worst case scenario I get £4K worth of bathroom kit delivered (it is mine right?), which I’m not to fussed with as I have a third bathroom needs kitted out anyway. I have sought legal advice for the 24th feb......will keep u posted. I assume they never acknowledged your recorded delivery mail from a few weeks ago? Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 29, 2020 Author Share Posted January 29, 2020 2 minutes ago, Samuel Camazzola said: I assume they never acknowledged your recorded delivery mail from a few weeks ago? No, they have failed to acknowledge any attempt by me to negotiate a settlement of any kind. As I say at best they have given themselves a lifeline but, everything else mentioned still stands in my favour. I am seeking representation for the 24th feb as I believe there is a bit of a minefield regarding purchasing or supplying goods etc.....I still believe they have no chance. Quote Link to comment Share on other sites More sharing options...
maroongoals Posted January 29, 2020 Share Posted January 29, 2020 2 hours ago, highlandjambo3 said: Bump.... update. I was in court this morning all guns loaded with my printed statement and file full of information to back up my statement, I was and ready to go......it looked like they were not there so, Court is called in and I have to sit for about an hour listening to lots of other civil type stuff but, eventually I was called forward. I have just informed the judge that I would like to read out a statement which details my situation when he says this hearing is a case management hearing and not a court hearing, any evidence I have will need to be submitted to the court 14 days before the court date, which is set at 14 feb. It’s at that point a court official says their dispute to my claim is based on materials they have purchased to do the job. So it looks like they have thrown themselves a lifeline although I still feel confident. So, they have my kit and have had all along? Why was I not made aware of this then. And, as mentioned previously, why did they ignore all my communication attempts including a revisit of another installation date jan/feb this year (which I think is the gem of my claim). Best case scenario, my claim is upheld, worst case scenario I get £4K worth of bathroom kit delivered (it is mine right?), which I’m not to fussed with as I have a third bathroom needs kitted out anyway. I have sought legal advice for the 24th feb......will keep u posted. Hi,, A few years ago I defended myself in the civil court against a claim, it was a very interesting period and i learned a lot, i got a book from the library "civil procedure and practice by Charles Hennessy" It covers Scottish Law and is very helpful on the law and procedures. Good Luck . Quote Link to comment Share on other sites More sharing options...
spirt of 98 Posted January 29, 2020 Share Posted January 29, 2020 (edited) On 18/11/2019 at 18:32, highlandjambo3 said: Just looking for opinions here if anyone in the past has dealt with small claims court (now known as simple procedures). The story: In may we decided to have a bathroom refitted at a cost of around £8k. £3.800 was paid upfront as a deposit and, it was agreed the fit would take place the week commencing 14 October, it was made quite clear during discussions that the date was non flexible (we are a guesthouse) and, there was no other window available this year to move the date, they were fine with this. 5 days before the fit was due they telephoned to say there was a job over run and our fit starting point could not take place, I was miffed but, held my tongue and said I was extremely disappointed and requested a refund. They offered no alternative fitting date. That was the last time they held any communication with me. Since that call I have sent 5 e mails, the first was to request a renegotiation date in January 2020 at a date suitable for them, the other e mails requested my refund be returned, all were ignored. I also called and my wife visited the showroom but, there were no managers to talk to at that point. I sent 2 registered letters requesting a refund and, each letter gave a cut off date for payment to be made, the second letter mentioned getting the courts involved on 11 November, both letters were ignored so, it’s now lodged with the court (at my expense) and we’ll see where we go. That was a whole month of asking for my money back. I am posting to get a 3rd party opinion on where You think I am with this and, is there something obvious I may have missed? So, to answer one or two obvious questions......there was no contract written up or signed for but, surly that’s more the fool them as this is their job they failed to do and there is no failure on my behalf........ Here is a quote from the trading standards website regarding consumer rights 2015: Claims and promises made during discussions with consumers about services (like home improvements) will be contractually binding on businesses As far as I can see, I have done everything I can to communicate and mediate this situation, including renegotiate another installation date.......at no point have they made any attempt to communicate this issue any further. Does anyone know any good reason why they should not pay back MY money (for the life of me I can’t think of one single reason). Thanks Never pay up front that’s just a simple school boy error. I got a 6k bathroom fitted last year. The company did not take a deposit. Any reputable serious company asks for payment when the job is complete. If any asked me for a deposit it’d be jog on chief and get another firm. Edited January 29, 2020 by spirt of 98 Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted January 29, 2020 Author Share Posted January 29, 2020 22 minutes ago, spirt of 98 said: Never pay up front that’s just a simple school boy error. I got a 6k bathroom fitted last year. The company did not take a deposit. Any reputable serious company asks for payment when the job is complete. If any asked me for a deposit it’d be jog on chief and get another firm. Hindsight is a remarkable tool. Of course you are right, I’ve now had both bathrooms fitted over the last two weeks of January and as yet not paid a penny. Quote Link to comment Share on other sites More sharing options...
Samuel Camazzola Posted January 29, 2020 Share Posted January 29, 2020 3 hours ago, highlandjambo3 said: No, they have failed to acknowledge any attempt by me to negotiate a settlement of any kind. As I say at best they have given themselves a lifeline but, everything else mentioned still stands in my favour. I am seeking representation for the 24th feb as I believe there is a bit of a minefield regarding purchasing or supplying goods etc.....I still believe they have no chance. Just seems they are prolonging the inevitable. I look forward to hearing confirmation of your win. Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted February 21, 2020 Author Share Posted February 21, 2020 Bump.... quick update. This issue is due to be in court this coming Monday 24th at 10am. I have just received a call from the bathroom company wishing to meet next week to resolve the matter. I humbly declined stating it’s due in court on Monday where a judge will resolve the matter, why would I want to meet them after the court date (unless they are that thick they don’t know about the court date). That’s their first and only call but, the cheek of them.........twitchy bum time for them now however.......... I am a reasonable person and have sent an e mail requesting a full refund and court costs paid to me by the end of the day today and I’ll let the court know the issue is resolved or I’ll see them in court on Monday, although I do believe they won’t show..... Will keep you posted. Quote Link to comment Share on other sites More sharing options...
The Real Maroonblood Posted February 21, 2020 Share Posted February 21, 2020 7 minutes ago, highlandjambo3 said: Bump.... quick update. This issue is due to be in court this coming Monday 24th at 10am. I have just received a call from the bathroom company wishing to meet next week to resolve the matter. I humbly declined stating it’s due in court on Monday where a judge will resolve the matter, why would I want to meet them after the court date (unless they are that thick they don’t know about the court date). That’s their first and only call but, the cheek of them.........twitchy bum time for them now however.......... I am a reasonable person and have sent an e mail requesting a full refund and court costs paid to me by the end of the day today and I’ll let the court know the issue is resolved or I’ll see them in court on Monday, although I do believe they won’t show..... Will keep you posted. Hopefully they see sense and adhere to your request. Quote Link to comment Share on other sites More sharing options...
AlphonseCapone Posted February 21, 2020 Share Posted February 21, 2020 9 minutes ago, highlandjambo3 said: Bump.... quick update. This issue is due to be in court this coming Monday 24th at 10am. I have just received a call from the bathroom company wishing to meet next week to resolve the matter. I humbly declined stating it’s due in court on Monday where a judge will resolve the matter, why would I want to meet them after the court date (unless they are that thick they don’t know about the court date). That’s their first and only call but, the cheek of them.........twitchy bum time for them now however.......... I am a reasonable person and have sent an e mail requesting a full refund and court costs paid to me by the end of the day today and I’ll let the court know the issue is resolved or I’ll see them in court on Monday, although I do believe they won’t show..... Will keep you posted. They're definitely worried. You've been well more than fair with them. Hope you get your cash today and save the hassle of court. Otherwise, give them hell! Quote Link to comment Share on other sites More sharing options...
cheetah Posted February 21, 2020 Share Posted February 21, 2020 That was like reading a great book with the last page missing. I need to know the outcome now. Quote Link to comment Share on other sites More sharing options...
Jamboelite Posted February 21, 2020 Share Posted February 21, 2020 2 hours ago, cheetah said: That was like reading a great book with the last page missing. I need to know the outcome now. Yeah I was reading this and cheering him on when he was getting into this useless shower (no pun intended) and looking forward to reading the bit he gets his cash...................still its coming and then he can name them. Quote Link to comment Share on other sites More sharing options...
Sawdust Caesar Posted February 21, 2020 Share Posted February 21, 2020 (edited) 33 minutes ago, Jamboelite said: Yeah I was reading this and cheering him on when he was getting into this useless shower (no pun intended) and looking forward to reading the bit he gets his cash...................still its coming and then he can name them. You don't need to wait for them to be named as per the court rolls there is only one case that involves a bathroom fitting company. It's now public knowledge. https://www.scotcourts.gov.uk/current-business/court-rolls/court-roll?id=18a7ada7-8980-69d2-b500-ff0000d74aa7 Click on the Civil tab. Edited February 21, 2020 by Sawdust Caesar Quote Link to comment Share on other sites More sharing options...
cheetah Posted February 21, 2020 Share Posted February 21, 2020 4 minutes ago, Sawdust Caesar said: You don't need to wait for them to be named as per the court rolls there is only one case that involves a bathroom fitting company. It's now public knowledge. https://www.scotcourts.gov.uk/current-business/court-rolls/court-roll?id=18a7ada7-8980-69d2-b500-ff0000d74aa7 Click on the Civil tab. Interesting Gareth been a bad boy on the criminal front Quote Link to comment Share on other sites More sharing options...
highlandjambo3 Posted February 21, 2020 Author Share Posted February 21, 2020 6 minutes ago, cheetah said: Interesting Gareth been a bad boy on the criminal front Gareth isn’t his name......don’t worry, I’ll shame in good time Quote Link to comment Share on other sites More sharing options...
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