What are our rights? If I approach the small claims court, is the clock repairer allowed to continue charging storage until the matter is settled?
a. Can they legally charge for redelivery and reinstallation?
b. Are they right to say the repair is no longer under guarantee because we didn't answer messages on an evanescent medium (phone answer log)?
c. If we pay up and just get the thing delivered and the repair fails, what do we do?
d. Could a small claims court help us, and would storage charges keep mounting up until the matter was settled?
I put it to XXXXX that under the sale of goods act & consumer regs, they couldn't charge again for delivery and installation. They say the act doesn't cover antiques & their charge is reasonable.
All help gratefully appreciated. Thanks for your reply & sorry for the delay in replying.
No. I don't remember signing anything. All I have is their invoice for when I paid them at the first repair says:
Invoice no. 14056
Service and repair to clock - collect and transport to our workshop Completely dismantle mechanism. Polish all wheel pivots and re-bush worn bearings. Retore dial. Assemble, set up, test and delivery with a 12 month on-site guarantee
total £ 480 received with thanks
Payment received 26.3.12/
Jo, thank you. I'll put these points to them and see what they say. I'm afraid City Clocks do have some form and there are a couple of quite bitter complaints about them online.
The only other point I wondered about was whether phone messages had any legal force. I'd write, myself, if I had some issue with a client, & don't understand why they didn't, as messages are so easily be erased by later ones. My feeling was that they could not claim they had left messages we wilfully ignored and that we were therefore to blame. There would be no advantage for us there. If we'd got messages, we'd have arranged delivery.
I will let you know how I get on. Meanwhile, thanks again.
I'll mention that. I take it phone messages are so easily overwritten or not picked up they don't have the same standing as letters.
Jo, thank you for your clear replies.