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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Kitchen purchased from Wickes on June 18 2014 and paid for

Resolved Question:

Kitchen purchased from Wickes on June 18 2014 and paid for in full on same date.Part of order was an integrated tower freezer which cannot be finished as we have not been able to acquire the correct parts to date. kitchen fitters were aware of this and also the absence of the Top door of integrated oven on 1 August 2014. We received oven door on 21 August 2014.oven now complete but not freezer.
Where do go with this
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Were you ever at any point told that the delay would be significant?
Have they said when the missing parts might arrive?
Kind regards
AJ
Customer: replied 2 years ago.

No

The parts (Doors) that we received in the paid for order are the wrong

size. Doors would have been sent Monday but they would cause the freezer to be opened whenever the cupboard above was opened. This scenario I hadn't ever imagined so I declined. I was also refused the request for this freezer to be replaced with a free standing model

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
So essentially are they refusing to honor your order?
Kind regards
AJ
Customer: replied 2 years ago.

Difficult to answer! I ordered a tower freezer with integrated casing. Iwas surprised to see a cupboard on top. We were told by designer when she came to investigate the missing doors that our fitter had put the top unit to freezer in the wrong place under the oven.This unit has a door. I wasn't told at this time that it would be fixed to parts of freezer causing freezer to be opened

when opening top cupboard she also didn't tell us that we had the wrong

freezer doors. that was discovered on Monday 1 September.

Meeting left to be arranged by staff by store manager.

Meeting not arranged

Excuses :Too busy in muswell Hill showroom

Couldn't reach me on phone

Sent E mail to me on Tuesday 2 September

I was home all day Tuesday 2 September

No message left on answer machine

No E mail received

I left message with Muswell Hill Showroom

manager to call me back on Wednesday 3 September

No reply to date

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
The first and most important thing is you need something in writing (ideally) or even just a phone call that you can take a note of, where they either commit to a delivery date or propose what they are going to do.
1. The Law:
- As a matter of law where a deadline has not been specified and time is not of the essence it is implied under the Sale of Goods Act that the goods will be delivered in a reasonable period of time;
- Ultimately you have a contract for a fitted kitchen and appliances to be delivered. They have not been and potentially there is a breach of contract.
2. The facts
- The goods have clearly not been delivered in a reasonable period of time and currently they wont commit to any form of deadline.
3 Your remedies - you have a few options:
(i) You write to them and give them 7 days to deliver the missing parts - if they still do not you go and buy the parts elsewhere and sue them for the cost; https://www.moneyclaim.gov.uk/ - you can start a money claim here.
(ii) You wait until they finally get their act together accept the parts to be delivered and then try and negotiate a discount;
(iii) As they have not replied to you when they said they would make a complaint to trading standards www.tradingstandards.gov.uk/
I would recommend before taking any action that you put pressure on them and write to them saying something similar to "this is not how they should treat customers" - "they are in breach of contract and if they do not give you a satisfactory response in 48 hours you will report them to trading standards".
I would try and get some sort of commitment from them as it will save you a lot of hassle for them to just pull their finger our and deal with it. They may be more inclined to deal with the situation if they think you will complain. Also you should suggest at the earliest opportunity what they will do to compensate - not because the delivery has been late but because of the terrible customer service.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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