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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Sir/Madam, I run a fitted furniture business. I have

Resolved Question:

Sir/Madam,

I run a fitted furniture business.

I have recently installed bathroom cupboards into a customer of mine who isn't happy with the work we have done, what she has pointed out I don't have a problem with and I have accepted it isn't up to scratch.
From the outset my service to her hasn't been what it should have been and I have been open and honest with her about this.
It started with me not getting back soon enough with drawings and quotes, I then let her down with the fitting date, it had to be moved 24 hrs or so (I genuinely can't remember exactly) when we did start I had ordered the parts wrong and also she wasn't entirely happy with the work we had done. She sent me photo's about what he had done, no problem I said I will order new parts for what wasn't acceptable. I gave her a new fitting date and asked to say if that wasn't acceptable, she never replied so I assumed it was, (she has since said it wasn't). We go out as planned on the second fit date, but for reasons I can't explain, my fitter didn't use all the new parts I had ordered and basically the customer had every right to be unhappy.
She sent me an email after he had been saying she was that unhappy and couldn't speak to me. I tried calling a few hours later,and got no reply. After work I went round to there house to find out what can be done and say I would put it right. She was in tears and stormed out of the room leaving me there with her husband. I said I would call in a week to let the dust settle he agreed that would be best. I let that week go and tried on and off for 2 weeks to call her, no reply to answer phone messages or phone calls. So i then took it upon myself to call round and knock the door, again no answer so I left my business card asking her to call.
A few hours later she text me to say she posted a note through my showroom door. Which basically pointed out the problems with the job. She also told me not to phone or call around the house, I'm only to email or write.
So I sent her a letter basically explaining what had happened as one her complaints was that she waited and waited, but failed to accept she emailed me one day and I replied to her 38 mins later !
I also pointed out that this could not be resolved by not answering her phone or door.

Sorry about the long winded nature of this.....

My problem is where do I stand ? I want to finish the work and have even offered to take out what we have done and start with brand new material, which will be fitted by myself.
She has paid a deposit by debit card using her pin. So does this not constitute an agreement which she is in breach of as she isn't allowing me to finish and put right the work. This is not about money as I would be better off financially walking away, but I want to protect my reputation and don't want to be seen as not caring. Could I sue her and try to recover my cost etc


Regards

Pete
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

There is a contract for you to do the work for £x price

Alex Watts :

You also have a duty to act with all reasonable skill and care.

Alex Watts :

Therefore you are entitled to get the work done and put right

Alex Watts :

You have one opportunity to this.

Alex Watts :

If she refuses to let you then you can issue proceedings, if you wish for the work done, less any cost to put right

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So the fact we have attempted twice to fit the job, we don't have 'a leg to stand on'.? I know its a long shot but do i have right to get my goods back as she hasn't paid for them, or do i have to offer her deposit back

Alex Watts :

Yes that helps.

Alex Watts :

Clearly you have a right to payment for the work done to date.

Alex Watts :

I can't see how you can get the goods back without a Court Order.

Alex Watts :

You can charge a reasonable sum for the work done to date.

Alex Watts :

You can bill whatever you feel is appropriate given the standard

Alex Watts :

Does that clarify?

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