How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

A delivery of new French doors, driver arrived alone, he said

Customer Question

A delivery of new French doors, driver arrived alone, he said it was down to me to help unload with him, I informed him I have a back problem, I did mention health and safety and i wouldn’t be covered by his company for any injury, because I couldn’t fully help he rolled the doors in the frame, all weight on one corner and rolled, I immediately told the driver I was unhappy about this, managed to move some more between us but I again told him I couldn’t lift, he rolled twice more and on the second roll the doors flung open, I did report straight away. And the doors did get visibly damaged slightly; they could also be un-visibly damaged
The director eventually contacted me because of all the hassle I had been having trying to find out from his staff what they were going to do.
When he contacted me he told me what they intended to do but at first I disagreed because I wanted to get across what had happened, he refused to let me say, just telling me what they were going to do, there is a lot more to this.
I have been trying to come to a mutual agreement but they don’t answer any question about the way the doors had been delivered, the second call with the director he would keep telling me what was going to happen and every time I tried to mention the delivery or mutual agreement he would just start repeating will you stop shouting mr----, I even tried talking really slow and quiet but he did the same.
I was told the issue was to repair the doors and everything else was irrelevant, I even got the driver to write on the delivery note about the potential damage, but was told that is irrelevant too. i phoned when i first reported this and since then i have made two further calls to the company and one of them was returning the directors first call. the second i spoke with the sales manager about an email he had sent and when i started talking about the delivery to him he put the phone down. thats when i had the second call with the director, he called me, that's when the stop shouting started but he also told me to stop calling his staff and harassing them.
I have sent numerous emails explaining what happened . I’ve even stated the sales of goods act
The doors also didn’t meet the specification I ordered. The doors had been made to order but can I ask for a full refund because of the specification, It dose state that in the act but not for something made to order.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you paid for the doors?

JACUSTOMER-rlpnpyte- :

visa debit card

Alex Watts :

What was the cost please?

JACUSTOMER-rlpnpyte- :

£1613

Alex Watts :

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



If they do not refund 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.



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.



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.



Can I clarify anything for you about this today please?

JACUSTOMER-rlpnpyte- :

they say they can't do anything until i let them pick the doors up, and saying i'm refusing, i have told them i would like to come to a mutual agreement before they pick them up. do i have to let them

Alex Watts :

Indeed. You dont have to let them - the product is fault you can demand a replacement or refund

JACUSTOMER-rlpnpyte- :

i asked for a replacement but was told that was unfair, they are adamant they are going to repair them

Alex Watts :

You can refuse that, you can ask for a refund or replacement

JACUSTOMER-rlpnpyte- :

am entitled to a refund or is the offer of repair deemed as acceptable

Alex Watts :

Yes you are entitled to a refund under the Sale of Goods Act

JACUSTOMER-rlpnpyte- :

i contacted trading standards but you get citizens advice and that said the offer could be seen as a reasonable solution

JACUSTOMER-rlpnpyte- :

this as took two weeks because of me trying to resolve by email, would i claim anything for the inconvenience?

JACUSTOMER-rlpnpyte- :

and will i be able to use the emails as evidence if it goes as far as court

JACUSTOMER-rlpnpyte- :

sorry! would the doors have to be picked up before they refund me

Alex Watts :

It makes no difference. You are entitled to a refund, replacement or repair - the choice is yours

Alex Watts :

Does that help?

JACUSTOMER-rlpnpyte- :

sorry! i'm just checking something

Alex Watts :

ok

JACUSTOMER-rlpnpyte- :

i did buy other doors, 1 has been put right and redelivered and the other wants something changing, i don't want them to think i'm being funny because of the french door issue but they want to have it picked up and then redelivered and I've explained the inconvenience, it is something they could send someone to put right, would it be ok for me to insist they send someone as i wouldn't have to arrange to be at home twice instead of once......last question

Alex Watts :

You are entitled to ask for a refund or replacement

Alex Watts :

In reality you dont need to accept someone to come and look or repair

Alex Watts :

You can insist on refund or replacement

JACUSTOMER-rlpnpyte- :

sorry this would be another door in the same order

Alex Watts :

Yes if its from the same company it does not matter, the same applies

JACUSTOMER-rlpnpyte- :

ok... thanks for your help

Alex Watts :

Can I clarify anything else at all?

JACUSTOMER-rlpnpyte- :

i think thats ok, thank you!

Alex Watts :

Great. If I could invite you to rate my answer before you today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

i have just released i have been i trying to resolve this matter by email, the doors were delivered on the 17th sept which is now 15 days ago 10 working days, dose this make a difference?

Expert:  Ash replied 2 years ago.
Thats fine, it makes no difference.
Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions