Sold Made to measure goods- not got paid-LBA sent

[frankel]

Hello,I sold made to measure blinds to a customer who paid a deposit and after fitting of the blinds refuses to pay the balance,claiming they don't cover the windows completely. During the survey I pointed out the limitations of installing any blinds, and she specifically requested these types.She's arguing that they don't give 100% coverage or blocking out.The balance was doe on fitting,when she refused to pay; she told me not to contact her again when I sent a text message asking for the payment few days later.I sent an invoice 10 days later and got no response. One month after the invoice,I've sent her a Letter before Action and she sent an email the next day in which she's states certain parts of the blinds are different colour, which are patently untrue,and which I can easily disprove( These would have been easily visible at time of fitting but she did not mention this at the time).However, as the goods are in her possession she can do anything to them claiming that's how they were when fitted. The blinds are the colour she ordered, they work as they are supposed to,the controls are on the sides she ordered. However, in her email she states they're unfit for purpose and demands a refund and wants to return the blinds.
As I said I've sent her a LBA giving 7 days to pay the balance.Should I respond to her email, or ignore it and start a s claim?
Thanks

[pt2537]

Hi sorry i thought i had replied to this post but it seems not.

Great user name by the way, Frankel was my favourite race horse, anyway, it seems to me that the customer is going to have a little difficulty here with this case, she was told what the items would do, and she accepted this, as long as the blinds arent faulty i think shes got a problem unless they truly are not as described

The LBA you sent seems to give a limited time to reply, i would have said 14 days minimum before starting a claim

[R0b]

Also to point out thay this appears to be a business-consumer contract so the Pre-action Protocols for Debt Claims would apply and requires you to give at least 30 days' notice.

[pt2537]

Also to point out thay this appears to be a business-consumer contract so the Pre-action Protocols for Debt Claims would apply and requires you to give at least 30 days' notice.

Crap missed that one, thatll teach me for replying while multitasking lol

[frankel]

PT: Yes indeed Frankel was many people's fav;and being trained by Cecil,what a story!
Anyways,its over 6 weeks since I first sent an invoice. She also told me by text message not to contact her again; does that not negate the requirement for pre-action protocol?
AS I already sent a LBA, should I now re-start with pre-action protocol?

Thanks

[R0b]

Maybe PT will take a different view but I think the answer to your question is no, the fact that she told you not to contact her would not bar you from complying with the Debt Pre-Action Protocols.

Of course you can ignore it and issue proceedings but there is a risk that if she raised in her defence your non-compliance and/or the court could stay proceedings until compliance is met or you could be penalised in the form of costs.

Unless there's a very good reason not to, I wouldn't think there's going to be any harm in waiting a further 30 days? You may want to address in the opening lines of the letter that you are re-sending the letter before action in according with the Pre-Action Protocols for Debt Claims and whilst she has previously stated not to contact her anymore, you are still required to comply with the Civil Procedure Rules, which includes sending the letter. Whether she chooses to respond or not is her prerogative, but your intention should the matter not be resolved, will be to issue legal proceedings.

Most of what you have put in your previous LBA can probably be rehashed in the new one, but I suggest you read the protocols because there are some additional requirements such as enclosing a copy of the Reply Form so that the consumer can complete and return.

If she tells you not to contact her again, I would still wait the full 30 days before issuing proceedings.

[jaguarsuk]

I would note that in your LBA you should advise her to seek legal advice if she intends to refuse to comply or ignore the letter and the location of her local CAB with telephone number with a line stating "Should you require advice or assistance pertaining to financial matters you may contact <<Town>> Citizens Advice Bureau via telephone on X" to comply with the per-action protocols fully.

[frankel]

Maybe PT will take a different view but I think the answer to your question is no, the fact that she told you not to contact her would not bar you from complying with the Debt Pre-Action Protocols.

Of course you can ignore it and issue proceedings but there is a risk that if she raised in her defence your non-compliance and/or the court could stay proceedings until compliance is met or you could be penalised in the form of costs.

Unless there's a very good reason not to, I wouldn't think there's going to be any harm in waiting a further 30 days? You may want to address in the opening lines of the letter that you are re-sending the letter before action in according with the Pre-Action Protocols for Debt Claims and whilst she has previously stated not to contact her anymore, you are still required to comply with the Civil Procedure Rules, which includes sending the letter. Whether she chooses to respond or not is her prerogative, but your intention should the matter not be resolved, will be to issue legal proceedings.

Most of what you have put in your previous LBA can probably be rehashed in the new one, but I suggest you read the protocols because there are some additional requirements such as enclosing a copy of the Reply Form so that the consumer can complete and return.

If she tells you not to contact her again, I would still wait the full 30 days before issuing proceedings.

Thank you.Some more questions!

Can I use a ready-made template for the pre -action protocol and could you recommend one?
Should I respond to her point's she raised in the email ? If yes, does the 30 days deadline extend due to continued to and fro( as this is what she is going to do).
Can I require her to communicate by letter only,rather than email?

Thanks

[time2burn]

H
there is the word for word PAP at top of this Forum thread by Amethyst. this is exactly what i received. you will need to add the Reply Form for her to complete, and then give 30 days as is required. If no response then you can take court action

[R0b]

Thank you.Some more questions!

Can I use a ready-made template for the pre -action protocol and could you recommend one?
Should I respond to her point's she raised in the email ? If yes, does the 30 days deadline extend due to continued to and fro( as this is what she is going to do).
Can I require her to communicate by letter only,rather than email?

Thanks

If you can find a ready made template, sure but you will still need to make sure it complies. Your letter should include the following points below, if you want any feedback then post up a draft before sending.

1. Introduction - A short introduction saying that you've previously written to her seeking payment of an outstanding debt which remains unpaid. You are now sending this letter before action in accordance with the Pre-Action Protocol for Debt Claims, and enclose the Reply Form.

2. Summary of claim - This should really be no more than a few lines summing up the claim against her. e.g. you entered into a contract for X and it was agreed she paid Y. Despite the works being completed, she has failed to pay the balance due.

3. Relevant facts - This is where you expand on the summary and include the necessary key facts leading up to this claim. For example, part of this section could say that the defendant contacted you for a quote and describe the works to be done, under the terms of the agreement it was agreed that you would do X and defendant would pay Y. Yu completed the works on X date and invoiced defendant on Y date. Despite repeated requests defendant has failed to pay the invoice. You may also want to address some of the issues she has raised in her emails in this section too.

4. The debt - This is where you should set out the amount of debt that is owed to you and any invoices that have been sent along with the invoice number. If the invoice has been partially settled this should also be captured in this section. Maybe best to put it in a table for ease. You should then spcify when the debt needs to be paid i.e. 30 days from date of letter and how it should be paid e.g. bank transfer, cheque, cash etc.

5. ADR - A short paragraph saying that you are prepared to consider alternative dispute resolution in order to resolve the matte and the defendant should notify you if she wishes to partake.

6. Next steps - Set out that if you don't receive payment by the expiry of the 30 day period then you will commence legal proceedings for the recovery of the debt together with any additional costs or expenses incidental to the claim.