Threatening solicitors after a year??

[Brotherskid]

Hi Everyone - I have been threatened with action by solicitors and I'd like to understand more about my position and what I should do.

In October 2012 I asked a 'charted surveyors and designers' company to re-draw some existing plans I had for an extension to my house. They had to be altered because the drawings had not passed planning permission and the original architect had moved away. I was sent an invoice for the drawings on the 12th November 2012 however had not seen any drawings - I ignored the invoice. In January 2013 I received another letter asking me to contact them as to why I had not paid - I called and explained I had not seen the drawings and then an email correspondence took place, and the drawings sent. I reviewed the drawings and to my dismay discovered several 'faults' eg no back door, a step between the existing house and the extension, a lowered roof line. I explained the drawings were 'wrong' via email and was told that I needed to pay and then they would sort out the drawings - I didn't pay.

I have just heard from them (now a year after they were originally commissioned and over 7 months since I last heard from them) and they are threatening to turn my non-payment over to their solicitors. I have since had my drawings completed by another architect!

What's my position and what should I do? The bill is for £967 and I am worried...

[labman]

Re: Threatening solicitors after a year??

Did you have a very clear written specification for the commission before they undertook the work? :beagle:

[enquirer]

Re: Threatening solicitors after a year??

In October 2012 I asked a 'charted surveyors and designers' company to re-draw some existing plans I had for an extension to my house. They had to be altered because the drawings had not passed planning permission ...

Incompetence by the first of the three draughtsmen, presumably.

I was sent an invoice for the drawings on the 12th November 2012 however had not seen any drawings ...

Unless there was some sort of prior arrangement to this effect, this is unreasonable.

In January 2013 I received another letter asking me to contact them as to why I had not paid - I called and explained I had not seen the drawings and then an email correspondence took place, and the drawings sent.

I reviewed the drawings and to my dismay discovered several 'faults' eg no back door, a step between the existing house and the extension, a lowered roof line. I explained the drawings were 'wrong' via email and was told that I needed to pay and then they would sort out the drawings ...

It is assumed that you have kept this correspondence.

Their demand is unreasonable. It is assumed that the back door, step, and correct roofline appeared on the plans initially given to them. You cannot be expected to pay for defective goods, and 'only then' will they attempt to sort out the problem.

I have just heard from them (now a year after they were originally commissioned and over 7 months since I last heard from them) and they are threatening to turn my non-payment over to their solicitors. I have since had my drawings completed by another architect!

Although they have not actually turned it over to a Solicitor or DCA, (it is nothing but bluster at the moment), it would be wise to put a stop to this now.

Write back (do not email or telephone again), and send Recorded Delivery.

Clearly and concisely, set out what you have already posted here, adding anything else in similar vein. Carefully list the faults and defects of the plans and the lousy service that they provided. Point out that this has caused you great inconvenience and unnecessary expense, and that it was necessary to have the plans corrected elsewhere.

Tip: Write your letter on the assumption that a judge who knows nothing will be reading it later.

It is faintly possible that if they did sue you, a judge might say that you owed them a small amount for the work done (the last and final draughtsman corrected their plans). That said, that should be outweighed by what you would say about bad service, defective goods and unnecessary expense.

If they persist, you may have grounds for a counterclaim. You could point that out to them.

[Brotherskid]

Re: Threatening solicitors after a year??

Thanks for the replies! I am relived!!

Yes I have the emails saying the drawings were wrong (BTW I only had the drawings electronically) and their follow up saying I had to pay first. I have checked and the contract does say that they would do drawings to pass planning permission (rather than to my specific design) but I can see nothing about paying before receiving the drawings. The original drawings had a back door (how else am I going to access my driveway!?), no step in the middle of the building and they claim the altered roofline was needed to pass planning permission (none of the other houses in the road that are extended have this?)

I am going to follow the advice given and write to them stating my case - Thanks Enquirer- trust I won't have to repost with my court summons!