Won Chargeback But!

[WIZZYWAZ]

Hi,

After a year of taking a company through Chargeback and winning due to bad installation of a Kitchen (£14000) I now get the feeling they will take me to court over this.

As anyone come a cross this and wouldn't it of been better of me to go to court in the first place and not waste a year of my life for nothing!

[EXC]

Re: Won Chargeback But!

I'm not sure how they could take you to court. Only the card company can authorise a chargeback so their issue should be with them.

[WIZZYWAZ]

Re: Won Chargeback But!

I have been given back my money last May and got a phone call from the credit company a few days ago to say mastercard international had found in my favour and the refund is permanent and the case is closed. Which is fine the result I was after.

But like I say I have giving notice of 14 days for this company to remove their kitchen but I think they will take me to court as another avenue to get their money back#

What if anything can Ido to gt their kitchen removed

[Diana M]

Re: Won Chargeback But!

After a year of taking a company through Chargeback and winning due to bad installation of a Kitchen (£14000) I now get the feeling they will take me to court over this.

What gives you the feeling that they will take you to court?

Did you get back the whole £14k or only part of it? Had you paid the whole £14k or are they chasing you for the unpaid part?

If there is no justifiable dispute and you feel you're being hounded by them check to see if they are a member of the Furniture Ombudsman (they deal with Home Improvement such as kitchen installations) so you can make a formal complaint to the company and then refer it to the Ombudsman.

Here is how you can do that >

http://www.thefurnitureombudsman.org...-installation/

A little more background would be helpful so you can be given your options on what to do next.

Di

[Diana M]

Re: Won Chargeback But!

I have been given back my money last May and got a phone call from the credit company a few days ago to say mastercard international had found in my favour and the refund is permanent and the case is closed. Which is fine the result I was after.

But like I say I have giving notice of 14 days for this company to remove their kitchen but I think they will take me to court as another avenue to get their money back#

What if anything can Ido to gt their kitchen removed

Our posts crossed.

Why do you want the kitchen removed?

Was that part of the settlement? They would refund the money if you 'returned' the kitchen?

Di

[WIZZYWAZ]

Re: Won Chargeback But!

Sorry I have parkinsons so typing takes sometime to do.

I Paid for the kitchen in 3 stages around £13000 all on my credit card which left £1000 on completion of the job.

At the end of installing the kitchen it was in a right state so I gave them 14 days to put right the things was wrong only for them to make it worse on there 2nd attempt.

So I gave them 7 days to put it right again but they never replied for 39 days until they found out I went to my bank and filed for chargeback.

my bank look at my evidence and put back the £13000 into my account, the kitchen company took it all the way to arbitration and lost.

Now I have given them 14 days to remove their kitchen so I can replace it with on fit for purpose

I just get the feeling that they are so adamant that they are right (even had a independent report done for chargeback which confirmed what i stated) and i am making this up that they would be willing to take me to court for the amount of the kitchen.

Now I have given them 14 days to remove their kitchen so I can replace it with one fit for purpose. but what happes if they refuse to take it out, can i remove it and dispose of it! if they take me to court.

I would have thought that chargeback was final but my bank said they could to me to court so be aware

[Diana M]

Re: Won Chargeback But!

Now I have given them 14 days to remove their kitchen so I can replace it with on fit for purpose

I just get the feeling that they are so adamant that they are right (even had a independent report done for chargeback which confirmed what i stated) and i am making this up that they would be willing to take me to court for the amount of the kitchen.

Now I have given them 14 days to remove their kitchen so I can replace it with one fit for purpose. but what happes if they refuse to take it out, can i remove it and dispose of it! if they take me to court.

I would have thought that chargeback was final but my bank said they could to me to court so be aware

Do you have a copy of the Arbitration Decision in your favour?

It would be silly of them to take you to court knowing that you would produce the Arbitration Decision and the Independent Expert's report which you say proves you right and them wrong as your Defence.

Have you given them the 14 days notice in writing?

You need to wait for your deadline to expire before considering removal of the kitchen. I would leave it longer than that until you're sure you have the legal right to do that without any repercussions.

How bad is the installation? Is it unsafe (gas/electrical issues)?

Di

[WIZZYWAZ]

Re: Won Chargeback But!

Do you have a copy of the Arbitration Decision in your favour? (Yes just in a email from Natwest confirming it in my favour which is all they give you as confirmation I have just phoned them)


It would be silly of them to take you to court knowing that you would produce the Arbitration Decision and the Independent Expert's report which you say proves you right and them wrong as your Defence.

Have you given them the 14 days notice in writing? (Yes sent a email followed by a letter regitered

You need to wait for your deadline to expire before considering removal of the kitchen. I would leave it longer than that until you're sure you have the legal right to do that without any repercussions. ( Yes i will Natwest said give them a further 7 days as it would look good if the case did go to court)

How bad is the installation? Is it unsafe (gas/electrical issues)? (bad enough but nothing unsafe)

like I said this has dragged on for a year and we need to move on I will update with their reply if i get one

[seduraed]

Re: Won Chargeback But!

I think getting the first kitchen company to remove the faulty kitchen is a mistake. They wont care about damagedone. Reputable kitchen installers are used to removing existing kitchens.

[WIZZYWAZ]

Re: Won Chargeback But!

Seduread I think you are right this is drag on for a year now since i instigated Chargeback, Natwest found in my favour as did mastercard two days ago on the arbitration outcome.

I have a independent report that in is damming through out so I think should take the lead in this in a professional way and inform them after 14 days that unless they pick up their kitchen within 7 days I will get a firm in to take it down and I will not be responsible for any damage cause

[WIZZYWAZ]

Re: Won Chargeback But!

Just to keep you up to date, I gave the company 14 days to remove their kitchen from my property.

I had a letter through stating they received my letter and will aim to reply in 10 days by phone or letter

My understanding of this is they are looking at taking legal action against me or am I paranoid!

[Arcadian]

Re: Won Chargeback But!

Sounds like they're stalling in order to be as awkward as possible!

[WIZZYWAZ]

Re: Won Chargeback But!

Just hope that is the case Arcadian, as going through Chargeback over a year was stressful enough...

[Diana M]

Re: Won Chargeback But!

I gave the company 14 days to remove their kitchen from my property.

I had a letter through stating they received my letter and will aim to reply in 10 days by phone or letter

My understanding of this is they are looking at taking legal action against me or am I paranoid!

I think you're being paranoid.

And even if they do take legal action you believe you have a good Defence backed up by the bank's Arbitration Decision and their own Independent Expert's Report.

They've replied to your letter and they haven't said No to removing the kitchen, they've simply asked you to accept that they need ten more days to consider your request which is not unreasonable.

Maybe they want to take legal advice on 'ownership' of the kitchen. If you've not paid for it who actually owns it?

Or maybe they need to look into the practicalities of paying a fitter to uninstall it, and what to do with the 'kitchen' after that. Perhaps they'll use it as a display in a showroom so they need to figure out which one. Is this a major supplier/manufacturer/installer with a household name or is it a family run business which may have logistical problems in order to comply with your demand?

If you've lived with the kitchen for over a year another ten days is not the end of the world. However if you have a replacement kitchen ready and waiting to be installed that would be a different issue. Have you?

Always think ahead to the next step.

If they decline to remove the kitchen but don't take you to court to recover the money you were refunded through Chargeback, then what will you do?

Will you arrange for the entire kitchen to be removed and scrapped? Or is any of it salvageable such as a solid worktop and appliances (white goods etc) which could reduce the cost of any replacement?

If you decide to get rid of the kitchen why not recycle it on the internet so that someone who is struggling financially may benefit from your outcast such as a charity or a hostel for the homeless. This is an old link but it names some of the alternatives to Freecyle > https://www.theguardian.com/environm...aste-recycling

How have you managed to cook etc over the last year? Is the kitchen completely unusable? What was wrong with the installation? You shouldn't recycle anything which could be dangerous to others.

Di

[R0b]

Re: Won Chargeback But!

I would just like to add to Diana's comments about removing the kitchen. Since you have been put back in the position prior to the kitchen being installed, ownership of the fixtures and fittings will revert back to the kitchen company.

I would urge caution if you choose to remove it and then dispose of it as a that point they could take you to court for what is known as interference of goods by way of conversion. You are in custody of the kitchen which is now involuntary and you require them to require them to remove it, and there are statutory powers that grants you the right to sell and dispose of the kitchen provided you follow the correct procedure under Schedule 1 of the Torts (Interference with Goods) Act 1977.

Assuming that no monies are now payable to you, you can write to the company and give them 14-21 days to collect the kitchen otherwise you will dispose of the kitchen by selling it (if monies are owed to you before the notice is given, you have to give 3 months notice) . You are obliged to account to the kitchen company for proceeds and you can deduct any reasonable expenses incurred (removal of the kitchen and auction or advertising it for sale).

The notice should set out at least following:

1. Your name and address
2. A description of the goods owned by the company (a list would help here)
3. Where the goods are held
4. That they are available for collection, and where they can collect
5. The deadline to collect the goods or after that date you will dispose of it

The notice should also be sent by first class post either recorded delivery or have proof of postage receipt from the post office.

Once the deadline expires, you have the legal right to dispose of the kitchen, and if they then chose to bring a claim against you, then you have a statutory defence and their claim will fail. In the meantime, you are under an obligation to ensure the goods are not deliberately or recklessly damaged by you or anyone else, or they can claim damages from you.

I know you have already written to them about removing the kitchen if they don't come and take it away, but given that the cost of the kitchen is £14,000 if it was me, I would make sure that I've followed the correct legal process, to protect yourself from any claim. Otherwise, if they do issue a claim against you, you are leaving it in the hands of the court and at that point, there would be a real risk that you could end up losing, owing the cost of the kitchen.

I think Diana's suggestion to give it away or recycle it is unlikely to protect you from any claim if the kitchen has some kind of remaining / salvage value. If you wanted to give it away or recycle it, I would suggest an application to the court to get an order to that effect.