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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Hi, I recently purchased a rooflight and bifold doors from

Customer Question

Hi, I recently purchased a rooflight and bifold doors from a company, the contract was they would supply and install the bifold doors and supply only the rooflight. The bifold doors were installed however the frame delivered for the rooflight was of an incorrect specification and had to be made again. They supplied this however after installation I have now found it is also the wrong size. The supplier's description of the rooflight fixture on their website as well as what they verbally described to me is very different to what has actually been supplied to me. Essentially the frame is too small for the glass that was supplied, the glass is suppose to be encased by its frame, however in my installation it is protruding out of its frame by 30mm and leaving the edges exposed to the elements. This is not what I was sold verbally, they assured me the glass would seat flush with the encasement. I installed according to their instructions and they have confirmed my installation was correct. I paid a deposit of £1218 however witheld the remainder of £3653 until they provide a solution. They in response have filed a county court claim against me. Am I wrong to withold payment until they supply a 'Fit for purpose' and 'representative as advertised' product?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Have you filed a defence?
JACUSTOMER-1c0rsw3l- :

Not yet

Alex Hughes : You are not wrong to withhold payment but it should only be a reasonable sum and only as much as necessary to compensate you for your loss or cover the cost of remedial work.
JACUSTOMER-1c0rsw3l- :

During the installation process I had to seal everything with high grade silicone, I would have to hire specialist equipment again to lift the 200kg of glass off the frame (not even sure this is possible as the glass is now bonded to the frame). so in essence the entire structure including the glass would have to be replaced. this will cost way more than the amount I am witholding.

JACUSTOMER-1c0rsw3l- :

How should I respond to the county court claim?

Alex Hughes : Understood. You will need evidence of that so I suggest you instruct a couple of reputable companies to give you estimates for the remedial work or better still employ a surveyor to calculate the cost and report on the issue. This help you to justify holding the payment.
Alex Hughes : If you are defending the claim then you must either a) complete the acknowledgment of service and return it within 14 days and then serve your defence 14 days thereafter or b) lodge a defence immediately. It seems to me that you will be claiming breach of contract on the basis that the contractor failed to exercise reasonable care and skill as required by the Supply of Goods and Services Act 1982.
JACUSTOMER-1c0rsw3l- :

yes but that requires time...I have been locked into a process to respond to the claim within 14 days. Is it enough justification to argue that what they supplied me is not what is depicted in the images shown on their website?? what about the verbal explanations they provided me, does that count for anything...I do not want to deal with this by myself, how can I escalate to a court where a solicitor can represent me? I understand, in a small claims court my legal costs are not covered by the other party if they lose the case, so I would want them to cover all costs incurred, how do i go about doing this?


Alex Hughes : Neither party will recover legal costs. This is a small claim and costs will only be ordered against the losing party if they have acted unreasonably in the proceedings; there is no evidence of that so far as the claim is still in the early stages. If you instruct lawyers you fees will probably outweigh the value of the claim.
Alex Hughes : You can lodge your defence and instruct a surveyor and serve his report on a later date.
JACUSTOMER-1c0rsw3l- :

I suppose I will have to cover the costs of the surveyor and then all remedial works to have the installation corrected? If that ends up costing more than I am witholding, who pays?


JACUSTOMER-1c0rsw3l- :

what is the likelyhood of winning my case based on what I have described thus far?

Alex Hughes : If your losses/expenses exceed the amount you are holding then you can claim the extra money from the contractor.
Alex Hughes : Based on the information you have given thus far it seems to me that you have a good defence. I suggest you should also submit a counterclaim for any additional sums that you think you may have to pay.
Alex Hughes : Furthermore, if you draft a defence and would like me to review it then please post another question marked for my attention. I cannot draft the defence for you but I am happy to proof read and give you tips.
Alex Hughes : Can I assist any further?
JACUSTOMER-1c0rsw3l- :

Sounds good, only problem is there is no way for me to attach photographic evidence to my defence and that is pivotal to my argument

Alex Hughes : There's no need to attach photographs at this stage. You can make a statement later or just produce them at the court hearing. Small claims are quite informal and you can take the photos along to show the judge if you wish.
JACUSTOMER-1c0rsw3l- :

Alex, Thanks for your help, is there any way you could provide your email address so I can send you a draft of my defence...Promise I won't bother you any further than that!

JACUSTOMER-1c0rsw3l- :

??

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
I cannot give you my email in this post but I have sent you the offer of additional services which can be via email plus I will review your defence.
Expert:  Alice H replied 2 years ago.
Good evening. I am sending you my email address in private contact info below. If you let me know when you will send your defence I will check my email for it.
Expert:  Alice H replied 2 years ago.
Hi
I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.
Regards
Alex Hughes
Customer: replied 2 years ago.

Hi Alex, Sorry for the delay, I have sent you an email. Thanks

Expert:  Alice H replied 2 years ago.
No problem. I will look at it this evening for you.
Customer: replied 2 years ago.

Hi Alex, I am continueing to have email negotiation with the suppplier, I hope to resolve this amicably, however I am adamant regards ***** ***** on this matter. I need more time to prepare all the details because I simply have not had enough time, very busy preparing for a business trip and trying to complete my build. I will prepare all the neccessary documents and forward my defence to you via email.

In the mean time I have today, submitted an acknowledgement of service. The claim was issued on the 3rd of November.

Expert:  Alice H replied 2 years ago.
No problem. Look forward to hearing from you.
Customer: replied 2 years ago.

Hi Alex, Sorry it's ta***** *****er than I expected, I am currently out of the country on a business trip so it's been a little slow for me to get my response drafted. However I have collected all the supporting evidence and will prepare a response later today.

Customer: replied 2 years ago.

Hi Alex, I sent you an email last night.

Customer: replied 2 years ago.

Hi Alex, Just sent you an email.

Expert:  Alice H replied 2 years ago.
Thanks. I have responded to your e-mails. I think you need to act fast on this for the reasons which I have explained in the e-mail.

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