Need advice please

[Samsonite]

Re: Need advice please

OK, the terms and conditions are on the back of their contract.
This says minimum deposit is 35%, then 45% of the order value will be paid upon despatch of goods (this has not been paid as there was a drama about delivery and in the end a courier company delivered it about 2 weeks late). It then says 20% on completion.
They wold normally install as well, but we didn't want them to install it, so not sure what is considered completion!
For faults and misdelivery it says the company will endeavour to resolve the complaint as soon as possible. For special order items or units which have to be remade, an indication of period of delay will be given by the company to the purchaser within 7 days. Once complete, the purchaser will sign the Completion note and pay the balance outstanding.

[The Debt Star]

Re: Need advice please

Sounds like you've lost all confidence in these monkeys, and with good cause!
Who installed it though, you?

[Samsonite]

Re: Need advice please

Not been installed yet, but we have a builder that was due to install it but have had to postpone him for now.

Just seen under payment, they also state the following:
1) If you withhold more money than the value of any outstanding work or delay payment, then we will apply interest to the outstanding balance at 5% above NatWest base rate, accrued on a daily basis (assume as they haven't actually asked for this, they can not do this)
2) The company shall retain ownership of the products until payment is received in full

On the phone to Consumer Direct right now!

[The Debt Star]

Re: Need advice please

ooh, not even been installed. That MUST make life simpler as the company can presumably arrange to collect the units and everything's back to square one?

[Samsonite]

Re: Need advice please

That's all we are asking, but everytime we call they say we need to speak to so-and-so but they are not there today or someone will phone us back.
Consumer direct told us to send them a letter threatening legal action, so that has just gone. Means we are stuck with their units all over the house still though!

[The Debt Star]

Re: Need advice please

make sure they aren't damaged while with you!

[Guest]

Re: Need advice please

Stop telephoning them! If you want to order a pizza, use the telephone, for all issues like this, write a letter.

In your letter, give them seven days to come and collect the units and issue a full and complete refund of the money you have paid them. Inform them that should they not collect the goods within seven days you will charge them storage for them and twenty eight days after that, will dispose of them and pass the cost of disposal onto them.

Obtain a Proof of Posting Certificate, (which is free) or send it Recorded Delivery if you prefer.

Should they not collect the units, issue a claim against them for the money you have paid, including court costs and interest, storage and a sum for distress and inconvenience. Your claim is for fundamental breach of contract and while you may contact Trading Standards if you wish, you might as well complain to Tesco for all the good it will do you.

You may treat their breach of contract as repudiatory and rescind the contract at once, since they delivered the wrong colour and quality of kitchen, thus the contract was breached and can never be completed.

Issue the letter and at the expiry of the seven days, issue your claim. If you would like help writing the particulars of claim, then please ask.

[Samsonite]

Re: Need advice please

Well, thanks for all the advice. Update as to the situation is that after sending them 3 letters registered post, we then set up a claim in the small claims court, asking for them to pick up the units, give us a full refund of deposit and pay us £15/day storage and inconvenience.
They have now rejected the claim, which means that they have 28 days in which to respond.
My problem is that I can't live with their kitchen taking up most of our house for the next month, plus not having a kitchen to use.
It seems that everything is in their favour, is there anyway to either get the units out of our house or install them but not pay for them, as I need a kitchen in by Christmas?

Cheers

[shell]

Re: Need advice please

Inform them by registered mail that unless they collect the units within 2 days of receiving the letter you will contract a storage company to collect the units and will bill them for it. Then get a storage company to collect and store for you. Do not install the units. That would imply acceptance of them.

They will hang it out as long as possible, hoping you will get fed up and give up.

[Guest]

Re: Need advice please

Since you have already informed them that you will charge them £15 per day storage, do as suggested above and have them collected and stored.

There is no way you can have the kitchen installed and then not pay for it, why would you think that this is even an option? You cannot reject something and then expect to get to keep it.

There are a number of remedies available to you in law, which can follow from such a breach of contract and I am not sure why you would suggest that everything is in their favour. Civil law allows them to prepare and file a defence and this is only what you would want, should the boot be on the other foot.

What did you write in your particulars of claim and how much have you claimed in total?