Kitchen sink problem

[PlanB]

Re: Kitchen sink problem

Paid cash and yes it was part of the whole installation. (over £100)

I only asked about how you paid because if you had paid (even part of it of at least £100) by credit card then you could evoke section 75 CCA which makes the credit provider (your credit card company) jointly liable for any breaches by the supplier so they would have to take up the battle for you.

Why did you pay cash? Did they give you a discount for cash or were they avoiding tax/VAT?

When negotiating it helps to have the moral high-ground (something to maybe hold against them ).

Di

[PlanB]

Re: Kitchen sink problem

It's not unreasonable to expect a response, one way or the other, considering they have sent me a letter before action.

If you didn't give them a deadline to respond to your response to their LBA then they're not being unreasonable. It's been 7 days since you replied.

They gave you 14 days to respond to their LBA which was reasonable.

I'm only being devil's advocate because you've no idea what's gong on behind the scenes. Perhaps they've had second thoughts.

Did their LBA say they would issue legal proceedings without further notice if you didn't pay the £500?

Did your response say that you would not only defend the proceedings but issue a counterclaim in excess of the amount they intend to claim?

You've reached a High Noon moment where psychology kicks in because neither of you know for certain what the other's next move will be.

Di

[PlanB]

Re: Kitchen sink problem

The last thing I want is a claim from them so I'm thinking it would be best to send them the balance less the cost of fitting the replacement.

If they still want to pursue me for the £100, it will cost them that much to start a claim!

Just as a matter of interest, if a claim is issued, could my photographs be used as proof, when I submit an initial defence or would they have to be used at a later stage?

If it's going to cost £100 to fix the problem then being objective (I try ) I'm not sure a DJ would see any justification in you withholding more than that amount.

You could argue damages for stress and inconvenience, but I've not known a kitchen installation to be stress free. If it was an oven or hob which wasn't working you could maybe claim the cost of takeaway meals etc.

We all know that once you've paid the full amount they won't come back. But on the other hand keeping £400 of the money owed to them which is not in dispute is obviously to hold them to ransom (that's what I'd do) but a DJ may not see it that way, so you could still end up with a CCJ (unless settled at Mediation).

If this went to court I would expect the DJ to issue Directions for an Independent Expert to guide him on the 'technical' side of things which could cost you (if you lose) a lot more than £100.

So my pragmatic view is why not pay them the £400 owed as per the invoice (so they've not got that fact as a disputed sum if they decide to issue a claim).

If it then costs you £100 to get closure on the kitchen sink drama, you won't be out of pocket.

A claim of up to £500 only costs £35 to issue using MCOL so they may be tempted if they feel strongly about the £400. And it's only £25 to issue a summons for a £100 claim.

Di

[Pixie]

Re: Kitchen sink problem

I'm not sure about when the photos could be used but I don't think I'd be sending them the £500-£100. What if the eventual cost of the repair comes to more than £100 (especially as it was only a verbal quote)? What about the stress and hassle you've had? Maybe send them half of it saying that you'll send any remaining balance once you've had the sink repaired.

Edit: I've just read back to refresh my memory of your problem and I don't think I'd be offering them anything yet. They sent the LBA on 31st January giving you 14 days and you replied 3 days later. They still haven't replied to your letter nor acknowledged your emails.

[marypoppins]

Re: Kitchen sink problem

I've not had anything in the post today so I've got to consider what to do now.

The last thing I want is a claim from them so I'm thinking it would be best to send them the balance less the cost of fitting the replacement.

If they still want to pursue me for the £100, it will cost them that much to start a claim!

Just as a matter of interest, if a claim is issued, could my photographs be used as proof, when I submit an initial defence or would they have to be used at a later stage?

[marypoppins]

Re: Kitchen sink problem

Well the way I see it is ...you owe them £500 there not going to come back and fix any problem now ...tricky one ...

It's not unreasonable to expect a response, one way or the other, considering they have sent me a letter before action.

Lets's see if anything arrives in the post tomorrow.

[Deepie]

Re: Kitchen sink problem

Well the way I see it is ...you owe them £500 there not going to come back and fix any problem now ...tricky one ...

[marypoppins]

Re: Kitchen sink problem

Their not on the list of members Di so I can't use that avenue.

They're a small family run business not a large company, they've got really good reviews apart from one a couple of years ago, which sounds similar to my problems.

[marypoppins]

Re: Kitchen sink problem

MP, my take would be that if they won't/don't repair it then you could sue them. So, if they issue against you first then you'd counterclaim against them. I'd start getting quotes for the repairs and forward those to the original installer. Give them 14 days to complete the repairs ;-)

Hi Di, post 14 would seem to indicate full payments not been made but doesn't elaborate.

As I've not heard from them I don't know what, if anything they plan to do.

I've had 3 people out to look, all agree it wasn't fitted to manufacturers guidelines, only one person is prepared to do it (it's not an easy task) I've got a verbal quote which to be honest is a lot less than I was expecting so I was thinking of writing to them again to advise that I would get the job done myself and when it was completed, I would send them the balance less the cost of getting the new one fitted.

We're talking about around £100 for it to be done.

[marypoppins]

Re: Kitchen sink problem

What would they be issuing a claim for?

Do you owe them any money which you are withholding due to this kitchen sink drama?

How did you pay for the installation? Was it by credit card and was it over £100?

Was this part of a whole kitchen installation by a company which may belong to The Furniture Ombudsman so your complaint could be referred to them to resolve:

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

Di

I paid the balance less £500 in October because there were some things that still needed sorting in November (installation started early July) the sink was an additional problem as the crack appeared mid November.

Paid cash and yes it was part of the whole installation. (over £100)

Thank you for that link Di, I'll have a look this evening.

[mike'y]

Re: Kitchen sink problem

MP, my take would be that if they won't/don't repair it then you could sue them. So, if they issue against you first then you'd counterclaim against them. I'd start getting quotes for the repairs and forward those to the original installer. Give them 14 days to complete the repairs ;-)

Hi Di, post 14 would seem to indicate full payments not been made but doesn't elaborate.

[PlanB]

Re: Kitchen sink problem

I don't suppose a judge would be very impressed either, if they do issue a claim.

Their LBA was dated 31st Jan and gave me 14 days.

What would they be issuing a claim for?

Do you owe them any money which you are withholding due to this kitchen sink drama?

How did you pay for the installation? Was it by credit card and was it over £100?

Was this part of a whole kitchen installation by a company which may belong to The Furniture Ombudsman so your complaint could be referred to them to resolve:

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

Di

[marypoppins]

Re: Kitchen sink problem

They've still not had the courtesy to reply to my letter yet!

It's still not showing on the Royal mail tracking and they've not replied to my email asking them to confirm receipt.

Not very professional!

I don't suppose a judge would be very impressed either, if they do issue a claim.

Their LBA was dated 31st Jan and gave me 14 days.

In the meantime, the hairline crack in the sink is spreading!

[nanna58]

Re: Kitchen sink problem

xx

[marypoppins]

Re: Kitchen sink problem

Sounds like they are trying to ignore you Mary !!! You won't go away will you ?x

In the words of Don Henley 'I will not go quietly'!