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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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hi i am looking for some advice . I am a self-employed floor

Customer Question

hi i am looking for some advice . I am a self-employed floor fitter have been for nearly 10 years. I have supplied a floor to a customer of which she picked form many samples. I source the floor from my supplier a company called floors 2 go . I delivered the floor to the customer and a week later i started to fit it . I fitted the whole top floor to be informed at 10pm that evening they didn't like it its not what they ordered. Its the flooring they picked from the sample they also opened a box and checked it apon delivery.I have offered to return and finish the job she hasn't paid me for the fitting at all , she doesn't want me back in her house and she is know wanting me to pay £11000 to have her new floor fitted by a mother company. The cost of her originally floor materials only was £7700 which she got at a good discount .She know is threading court proceedings under supply of goods act .
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. What is she threatening court proceedings for? Has she mentioned a section from SOGA 1979?

Alex J. :

How much money are you owed assuming you can get a refund for the materials? Do you have any proof in writing that she accepted the flooring?

Customer:

aprox £6000. i have nothing in writing from her accepting the floor, only it was delivered by me. checked by her agaist the sample upon delivery. 22 boxes left in her hall was acclimatising for a week.

Alex J. :

Hi, Thank you. Firstly you do have an obligation to try and mitigate your loss as far as possible. If that means returning the goods then so be it. She cannot force you to carry out £11,000 worth of work for free just because she has decided that she does not like the floor. With that in mind how would you like to proceed? Do you want to pursue her for all the monies owed?

Customer:

no i don't, i just want her to accept the fact that I'm waiting for the refund. and when i get it she's welcome to it. ill happy to carry the loss of fitting for one day.

Customer:

she has had another quote and wants to use the money she was going to pay me with to, tp pay them. however they are a lot more than i was. so she wants me to pay the difference.

Alex J. :

Hi, I have to go off line briefly, I will be back later this evening. In the mean time I will switch this to Q&A mode so you can respond with out a time limit, and I can type a full response. Can you just confirm exactly what allegations she has made in relation to the Sale of Goods Act 1979? Thank you AJ

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Customer: replied 3 years ago.

the total cost she has outlaid so far is £7700. this is for materials only. (£7100 for the floor and £645 for underlay)


 


she wants to keep the flooring laid in the loft and pay the new fitters to finish it. Which is just new skirting, door bars, and trimmings. which is what i was doing.


 


maybe i should add, there was no one home the day i fitted the loft conversion and it wasn't till 10pm that night she returned home. and text that it wasn't what she ordered. (however she wants to keep it!!)


 


all i need to know is. will it go to court? i have worked out with all materials used so far with labour, and skip hire ect its


£3872.29


 


£7745 paid for materials


less £3872.29 used and fitted is £3872.71 her refund cost is apron £4700


 


i have offer to finish to job, she dosnt want me back. i still have the remaining flooring, awaiting refund.


 


thank you for your help


 


john gregory


J and L services


 


07939008458


*****@******.***

Expert:  Alex J. replied 3 years ago.
Hi

Thank you very much.

I am reviewing this now and drafting an answer. I will post my response first thing in the morning.

Kind regards

AJ
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Unfortunately whether it goes to court or not is entirely her prerogative. Even if it is unfounded if she wants to start a claim out of malevolence then that is up to her.

What you have in your defence clearly is she agreed a price and has only cancelled the contract because she does not like the work. As a result you have suffered a loss and you are obliged to try and mitigate the loss which you are doing. She however wont be able to claim a refund for the work in progress because it is completed and cannot be reversed without additional cost.

What I need to know is has she referred to a specific section under the sale of goods act? Is she saying that for example the goods are not fir for their purpose? or do not correspond with their description?

Did you give her a receipt for the goods?

Kind regards
AJ