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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Bought kitchen doors and bench tops to replace existing. Doors

Customer Question

Bought kitchen doors and bench tops to replace existing. Doors delivered did not match, two were different shade. Two handles short delivered. Have made countless calls, all,ignored until finally after 3 weeks, two replacements received plus handles. Both were completely unlike the originals in every way. Countless calls again, all to no avail. Nil response from company. Lost my tradesman/fitter due to time delays. Looks like Best Value Kitchen of Europe will cost me a whole new kitchen as I can not get any resolution or even communication with them. Where do I stand in law please?
Gail Gilbert
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are entitled to what you ordered which I presume was doors that matched. They should also match their description under the SGA so there is no doubt that you do have a claim for a replacement or a refnd if they refuse to comply.
If these were not products made to your specification then you do also have rights under the distance selling regulations of a no quibble refund. Since this is a kitchen it is likely to be specified in some way. Therefore, you would have to rely on the Sale of Goods Act.
I wouldn't waste your time phoning them though. Just send them one letter by recorded delivery setting out your complaints. Make clear that if they do not offer a full refund or the product that you ordered within fourteen days of receipt of the letter then you will sue for a refund plus costs and interest.
If they do not then issue against them here
www.moneyclaim.gov.uk
It is likely to be a small claims court sum so it would be cheap enough to claim. It will also be moved to your local court since you are an individual.
They will not continue to ignore you if they are summonsed and if they do you will get judgment in default.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks Jo. Should my letter include photos I have taken to show variances or copies of phone bills showing calls?
I had also sent an email to their listed email address which has not been replied to either. Gail.
Expert:  Jo C. replied 2 years ago.
I wouldn't bother with that at this stage.
Gather photographs for the purposes of court but I wouldn't put it in a letter before action. If they come back to you asking for evidence then that is fair enough but I wouldn't bother at this stage.
Letters before action are about registering a complaint not proving your case.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Just checked address on Google Earth and it looks like a closed shop front, not a kitchen hardware business. What happens if they have closed down. All seems very dodgy. Gail
Expert:  Jo C. replied 2 years ago.
If they have another address elsewhere then you can use that.
If they have closed down then you have a claim against the directors unless they are a limited company.