Money Claim

[Thorn1990]

Hi,
I have received a Money claim as I am in dispute with a company, it has come from money claim centre from Northampton.
I am defending the claim in its entirety, how much detail do I fill in in the defence section of the defence form at this stage?

Thanks

[FlamingParrot]

Re: Money Claim

Hi,
I have received a Money claim as I am in dispute with a company, it has come from money claim centre from Northampton.
I am defending the claim in its entirety, how much detail do I fill in in the defence section of the defence form at this stage?

Thanks

All you need to do is acknowledge service and tick the box that says you intend to defend in full, that should give you a total of 33 days to submit a defence from the date printed on the claim form (28 days + 5 for service). You can then take your time to submit your defence.

Would you care to tell us a bit more?

[Thorn1990]

Re: Money Claim

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Hi,

To summarise, new large extension being constructed.

Order Placed for bi-fold doors. Deposit is paid.

Doors are fitted 4 days late.
Wrong specification of doors fitted. (wrong side opening)
Doors damaged on installation.
Due to wrong spec, doors unable to be opened.

3 months later an offer by the company is put forward to replace or rectifie the doors. The first option to re-fit was not really ideal, as trades have finished and new plastering would have to be undertaken if doors are taken out. There was no offer to re-plaster/rectify any work by the contractor and really no confidence in them at this stage.

Another 3 months and eventually the doors are finished and only at this point are they able to be opened.

Discussing payment; I have incurred direct costs by having to employ different trades on day rates as the original contract with them was a fixed one but when the doors were late and not knowing dates these had to be cancelled.
Also the doors should have had a ventilation system which meet building regs for the room, this was ordered in the spec but when fitted the installers realised it wouldn't work so had to remove it. Thus the householder at there expense had to install this elsewhere in the room.

There was a reduction put forward at the reduced cost of the actual incorrect doors which were fitted.
There was a offer of a inconvenience figure of £200 put forward by a manager at month 2.
But since the MD has stated they do not offer any form of compensation except that of the "True" cost of the doors which were fitted (as they were of a lower spec).
Even though as previously stated were not the ones ordered.

The MD has accepted all liability of delay and mistakes without question but is stating that as they offered to exchange the goods they are not liable and never offer any compensation.

They are obviously sticking to the wording of there contract clauses, I quote 3;

EXCLSION OF LIABILITY;

1.Any claim by the customer which is based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall be notified to the company within 7 days or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the customer does not notify the customer accordingly, the customer shall not be entitled to reject the goods and the company shall have no liability for such defect or failure and the customer shall be bound by the price as if the goods had been delivered in accordance with the contract.

2. Where any valid claim in respect of any off the goods which is based on any defect in the quality or condition of the goods or their failure to meet specifications is notified to the company in accordance with these conditions , the company shall be entitled to replace the goods (or the part in question) free of charge or at the company's sole discretion. Refund to the customer the price not to exceed more than the current contract value (or proportionate part of the price) but the company will have no further liability to the customer.

3. The company shall not be liable to the customer or deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any of the company's obligation in relation to the goods or their installation, if the delay or failure was due to any cause beyond the company's reasonable control, including without limitation seeking to comply with the specification of the customer

The MD in a call to me would not budge on the reduction above. I subsequently paid what I believe is due leaving a shortfall.
In there claim details they admit the wrong doors fitted and the balance on the form reflects this.

Looking at the Sale of Goods Act What would be construed as a "Reasonable time"

Thanks