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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.
Any luck with this?
What is the cost of a replacement?
Sorry for the delay, I was stuck in Court
No worries. Probably about £475 for the chair and £200 for the footstool
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.
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.
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 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.
EXTRA INFORMATION FOR FREE: You can ask the Court for an order that the REPAIR the work for free, this is called specific peformance.
Can I clarify anything for you about this today please?
I appreciate the above but the original questions were......
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?
1) Yes you are justified in not paying part of the invoices until resolved.
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
3) There is no legal redress of Safeclean, it is against the individual
4) No its not theft as there is no intention to keep it
Does that clarify?
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?
If they damaged the one then you can ask that they are not reupholstered
Does that help?