Blind installation failure to turn court defense

[anu]

I booked for blind installation requesting it to be done by 2pm.
company took the card details and planned to charge once work done.
told would be sent an email confirming the booking.
company didnt turn up by 3.30 so ccalled company to cancel the booking.
Was told that there woild be 50 pound cancellation fee so I hung up.
Company called at 4.30 and told that they were on their way but if required could cancel and pay 50 pound cancellation fee.
I waited until 7 and then left for a meal.
received a call from the company at 7.30 and told they were at the door. The guy leaves home as no one to answer.
next day company calls to say they would deduct 105 pounds.
I told them to go away and not call me again.
following day company emails to say they will deduct the money and they did.
i call up the company , no one answers.
Called up natwest and after iinvestigattion reverses the payment
Company now pursuing money through small claims

There was no work carried out and on the phone and in the email the time given was 2pm

I have defence to prepare and I request some help
Many thanks

[anu]

Please I request help with preparing the defense .
thank you so much

[pt2537]

I booked for blind installation requesting it to be done by 2pm.
company took the card details and planned to charge once work done.
told would be sent an email confirming the booking.
company didnt turn up by 3.30 so ccalled company to cancel the booking.
Was told that there woild be 50 pound cancellation fee so I hung up.
Company called at 4.30 and told that they were on their way but if required could cancel and pay 50 pound cancellation fee.
I waited until 7 and then left for a meal.
received a call from the company at 7.30 and told they were at the door. The guy leaves home as no one to answer.
next day company calls to say they would deduct 105 pounds.
I told them to go away and not call me again.
following day company emails to say they will deduct the money and they did.
i call up the company , no one answers.
Called up natwest and after iinvestigattion reverses the payment
Company now pursuing money through small claims

There was no work carried out and on the phone and in the email the time given was 2pm

I have defence to prepare and I request some help
Many thanks

Hi there

it seems this contract was a distance contract, as such it may be a requirement for the company to give you details of your right to cancel the contract.

Can you please let us know what details you were given when you booked the fitting?

[anu]

After booking was confirmed on the phone I was told I would receive an email confirming the details.
I am pasting the entire email here

Thank you for choosing to use
We can confirm your booking details as:

JOB DETAILS
Client Address:


Call Reference
Order no:
Date Received:
Received By:

Scheduled Date & Time: 22/12/2018 14:00:00

Please note our appointments are scheduled in advance for arrival
within one of the following time slots.

AM (8am -12pm)
PM (12pm - 5pm)
Evening (After 5pm)

If you would like an update regarding our expected arrival time
please contact our scheduling department via email at
[email]enquirie /email] or cal. We will do our best
to assist but cannot offer any guarantees due to the nature of our
work.

If you have booked an AM or PM slot but our arrival runs into our
overtime charge rate (see our rate card published on [u
.uk), or if your work extends into the overtime charge rate, you
will be afforded two full hours of work at the standard charge rate
and then charged accordingly at the overtime rate for any
subsequent time on site.

Problem: #Please attend site to install blinds to bay windows as
directed by client.Visit chargeable at ?85+VAT for first hour then
?42.50+VAT per half hour thereafter if required. +materials+vat
-----------------------------------------------------------------
Handyman Charge Rates:

There is a minimum 1 hour charge, part half-hours worked are
charged at the full half-hourly rate.
Normal Hours (8am-5pm Mon to Fri (excl Public holidays)) ?42.50
+VAT per half hour +Materials and Material collection charge of ?50
+VAT where appropriate.
Please be aware that any works starting or continuing after 5pm
will be at Out of Hours rate- ?52.50 +VAT per half hour.


Any works between 9pm - 6am will be at Late Night rate- ?80.00 +VAT
per half hour.



Please call to confirm Bank Holiday rates.

-----------------------------------------------------------------
Should you wish to cancel your appointment please do so via
telephone as soon as possible.

Cancellations made less than 24 hours (but more than 2 hours) prior
to the start of an arrival time slot, will incur a ?10 + VAT
cancellation charge, cancellations made less than 2 hours ahead of
the start of an arrival time slot will incur a ?50 + VAT
cancellation charge.

On cancellation you will be issued a cancellation number, please
retain this as proof of cancellation as if an engineer arrives on
site and no proof of cancellation is provided the visit will be
charged at the full half-hourly rate dependant on trade, with a 1
hour minimum charge.
-----------------------------------------------------------------
Please note that reports from surveys and inspections can take 7-10
working days to be issued due to internal quality control reviews.

Please be aware that any required remedial works may be completed
during our visit to conduct a gas safety report, boiler service or
electrical inspection and will be charged in addition at the
relevant half hourly rate. Alternatively an estimate will be
provided.

In the event that a customer is not on site at the start of the
appointment time, a charge will be made based on our standard half-
hourly rate for the relevant trade to cover the period of any delay.
Should we be unable to carry out work for reasons beyond our control
(e.g. your treatment preparation has not been completed, access
problems, incorrect information provided, power supply, etc.) then
we reserve the right to charge at our standard half-hourly rate for
the relevant trade. NB - 1 hour minimum charge applies to both of
these eventualities.

Please remember that when booking in ongoing works following a visit
by an engineer, this must be done direct with our Call
Centre for your guarantees and our insurance to apply. Any return
booking appointment must be made direct with the Call
Centre or you are at risk of being uninsured and without the
.co.uk Guarantee" on the work.

Please note that materials are charged in addition, suppliers close
at 5pm and only basic van stock is carried. For parts that are not
carried as part of our standard van stock but are available within
our large network of suppliers we charge a fixed material collection
fee of ?50+VAT. Specialist parts that require significant time
sourcing and collecting will be charged on a time-spent basis as per
our standard rate card. This is however a rare occurrence and you
will be advised in advance if any extra charges will apply

Please be advised that payment is due on Completion of our visit.
You may pay by Cash or Cheque on site, however if we do not receive
payment on site then payment will be processed from the card details
provided on booking.

You will receive a paid invoice confirming receipt of funds within
7-14 days.
-----------------------------------------------------------------
If any of the above details are incorrect please do not hesitate to
contact us on 0844 884 1180.

Full terms and conditions can be viewed on our website http://www



Ph. 0870 8998 810
Fax. 0870 8998 811


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Last edited by Anur; 12-06-2019 at 4:03 PM.

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[anu]

I have to prepare the defense and submit it by tom.
The date of issue was 13th may and I sent the acknowledgment on the 23rd of may and need to file defense by tom

[ostell]

So as it's a Saturday then you have till Monday

[anu]

I was not given any terms and conditions alll they said they were sending an email to confrm the booking and that the guy would be with us by 2pm

[anu]

I was not given any details about cancelllation or anything except that they will be sending an email confirming a booking.

I will have to submit a defense today and a help with preparing one would be really great.
thanks

[anu]

Hi I am posting my draft defense here which kind of lacks professionalism.



1. The Defendant received the claim from the Counyt .................

2. Each and every allegation in the Claimants case is denied unless specifically admitted in this Defence.

3. This claim appears to be for ...... carried out by .........

4. It is explicitly denied that any work was undertaken out by ......................

5. It is admitted that .......... service was requested on the phone and Claimant agreed to do the job.

6. The Defendant does not recall any terms and conditions being explained on the phone for the said appointment.

7. The Defendant did receive an email confirming the time and date that was agreed upon.

8. The terms and conditions that followed the email do not apply to this particular appointment as it was made the same day for same day work.

9. The Claimants have failed to keep up the appointment. Therefore no work was carried out

10. The Claimants however charged Defendant the following day.

11. Defendant lodged a complaint with ...............

12 ........bank upon Investigation and Claimants failure to provide evidence have reversed the payments to the Defendants.


13. The Claimants statement of case states that invoice relates to completed multiskilled work. This is a completely false statement and I respectfully request the court order the Claimant to provide all the emails and phone call records which clearly will show that no work was ever undertaken.

14 .It is denied that any work was undertaken and any money owed to the company.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[ostell]

Miss out (1), the court know that.

This was distance selling and as such, I believe, they have to send you details of your rights to cancel. Did they ?

[anu]

Thank you I posted the email sent by them above in this thread.