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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had a sofa, two chairs and two footstools cleaned by Safeclean.

Resolved Question:

We had a sofa, two chairs and two footstools cleaned by Safeclean. The technician did a poor job overall but did something that made the colour run on one of the footstools.
He admitted liability (in writing) and was supposed to contact Next to see if they had any of the material available so that he could get it reupholstered. I said I would not pay his invoice until the matter was resolved.
He never came back to me so I chased him by email and he stated that he needed the footstool to get a best match for the material. I replied asking if that meant he had tried Next and been unsuccessful in getting some of the original material.
He never replied to me nor to the next email chasing him for an answer.
I then contacted Safeclean who also failed to respond but after a lot of chasing the technician emailed me to say he needed the footstool to sort out the problem and that he wanted me to pay for the cleaning of the sofa.
I again asked by email if that meant that Next had none of the material and I received a curt response stating he needed the footstool to resolve the matter, that the sofa was a separate issue so I should be paying him for that and that if I wasn't prepared to cooperate with him I should sort out my own footstool.
I am reluctant to give him the footstool as I suspect he might try and keep it to force me to pay the invoice.
My questions are:
Am I justified in not paying any part of the invoice until this is resolved?
Do I have to accept a best match if the original material isn't available and, if not, would he have to replace the footstool and chair (they are c.18 months old?
He is a franchisee of Safeclean so do I have any legal redress with them?
If he were to try and hold the footstool to ransom would I be in a position to report him for theft?
Thanks in advance
Steve
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Steve my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what is it you want to achieve?
Customer:

My preference is that the footstool is made good back to it's original standard or, if the material is not available to do that, I can see no other alternative than for the chair and footstool to be replaced as they are a matching pair.

Customer:

Any luck with this?

Alex Watts :

What is the cost of a replacement?

Alex Watts :

Sorry for the delay, I was stuck in Court

Customer:

No worries. Probably about £475 for the chair and £200 for the footstool

Alex Watts :

You need to write and set out your losses and request they do the work or pay up the cost 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.

Alex Watts :

If they do not 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

EXTRA INFORMATION FOR FREE: You can ask the Court for an order that the REPAIR the work for free, this is called specific peformance.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I appreciate the above but the original questions were......

Customer:

Sorry, tried to put a couple of returns in! Am I justified in not paying any part of the invoice until this is resolved? Do I have to accept a best match if the original material isn't available and, if not, would he have to replace the footstool and chair (they are c.18 months old? He is a franchisee of Safeclean so do I have any legal redress with them? If he were to try and hold the footstool to ransom would I be in a position to report him for theft?

Alex Watts :

1) Yes you are justified in not paying part of the invoices until resolved.

Alex Watts :

2) Yes you need to accept best match because if it does not exist, the can't be expected to make it unless you want to pay for that

Alex Watts :

3) There is no legal redress of Safeclean, it is against the individual

Alex Watts :

4) No its not theft as there is no intention to keep it

Alex Watts :

Does that clarify?

Customer:

It does but just on point 2) this is only 18 months old and the chair and footstool came as a set so if the original material is not available can I insist they replace both chair and footstool with new or alternatively insist they recover both the chair and the footstool so they match?

Alex Watts :

If they damaged the one then you can ask that they are not reupholstered

Alex Watts :

Yes

Alex Watts :

Does that help?

Customer:

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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