Removals company trying to charge extra and refusing to deliver without payment

[atticus]

OK. That was not clear.

[scc25]

If the company is not using BAR's model terms and conditions, can you post the terms in the contract relating to additional items not in the quotation, storage charges

a. You have shown Us or provided Us with a list of all the Goods; Yes
b. The volume or quantity of the Goods will not exceed the volume or quantity You have shown Us or told Us about; (volume is less due to waste removal company - invoice will back this up)
c. No Additional Goods will be added to the Goods or substituted for Goods which You have already shown Us or told Us about. If You add or substitute Goods with Additional Goods You must tell Us and We will provide You with an additional Quotation for the Additional Goods if ,in Our reasonable opinion, the inclusion of the Additional Goods will increase the Volume Limit or the cost of the Services;
(they were made aware of the extra items on the first day but did not say there would be additional charges until weeks later after delays to the second delivery)

Additional charges may apply in the following circumstances:
1. The Services do not commence within 28 days from the date of Acceptance;
2. We have given You a price for redelivery from Store within Our Quotation and the redelivery from Store has not taken place within three months from the date of Acceptance; (no price for redelivery was given at quote stage, only now)
7. We provide additional Services to those covered by Our Quotation, including but not limited to, moving or storing Additional Goods (moving 2/3 extra items that fit inside the lorry anyway certainly doesn't warrant over £1000 extra)

Thoughts?

[scc25]

OK. That was not clear.

Been explicitly told that no delivery will take place without further payment, apparently they're doing me a favour by not charging storage at the moment but the seeds are being planted for turning that into a threat in the near future no doubt.

Does that change your opinion on the chargeback route? Or will a judge much prefer I pay upfront and then go to court later to retrieve some of/all the extra amount?

[atticus]

There is no easy answer. Yes, you could try that, but your bank may not accept a chargeback or s25 claim. Or you can pay under protest, and once your property has been delivered sue for the return of the money. Or you could sue now for delivery of your possessions.

Does your contract have a dispute resolution/arbitration clause?

I am not going to say what a judge will prefer.

[Pezza54]

So the lump sum quotation included removal, storage (up to 3 months) and redelivery for items included in their survey. If they delivered 12 large flat packed boxes and you only used 6 (as an example) you could try pointing that out to the company.
I agree £1k extra for 2 or 3 additional items seems excessive

You should write a formal letter to the company stating what has happened, you consider the extra charge excessive (provide info on the additional items) and if you have to pay £1k more to receive delivery of the items still in storage you will pay "under protest"

[islandgirl]

Or make an offer you think fair and would be happy to pay (well maybe not happy but would accept to draw the matter to a close)