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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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Can you give advice on an issue we have please, we have

Customer Question

Hi can you give advice on an issue we have please, we have been trading for 6 months approx, we have supplied some concrete slabs to a gentleman, who has not been happy with them, we have tried to rectify the situation, this man has wanted the slabs before they have dried out, but when they have dried out the colour seemed to have varied, we advised him that we didn't want to despatch them before they were dry but he insisted that they were delivered as he had paid someone to lay them. He firstly said that they were great, then he changed his tune and said they were not the colour that he ordered, we have purchased some colouring lacquer to paint on them and he asked if they would fade, all slabs fade through weather conditions. He is now threatening to take us to court and blackened our name on Facebook through his son. All transactions were done without paperwork besides 1, is there any thing I can do? He wants me to make new ones and pay for them to be laid. Where do I stand in this situation, surely if they were that inconsistent then the layer should have notified him. Please advise. Many thanks Neil
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.
Is the only complaint the colouring?
Customer: replied 2 years ago.
Hi, yes, he keeps adding problems, besides the courting he is now saying that they are not drying out. The problem is that they shouldn't have been supplied wet but he put pressure on me to get them there, we have kept all his communications by text.
Expert:  Jo C. replied 2 years ago.
Did you warn him of the risk?
Customer: replied 2 years ago.
Yes verbally, but he is requesting a signed disclaimer from us, a lot of the business was done verbally
Expert:  Jo C. replied 2 years ago.
Yes, I wouldnt worry about that.
But did you tell him of the risk before you laid it?
Customer: replied 2 years ago.
Yes we did tell him of the risks involved, had they been allowed to dry, we wouldn't have sent them to him, but whilst they were wet you couldn't tell the difference in colour.
Expert:  Jo C. replied 2 years ago.
He can threaten all he wants but this comes down to whether or not the Court accepts his claim.
If you warned him about the risks of this and he insisted upon carrying on then that isn't down to you. You cannot do more than warn a customer. You are not under a duty to hold a gun to a customer's head to force him to be sensible. The only way he will escape that is if he lies through his teeth and the Judge believes his lies.
He might have a complaint about the discolouring but he isn't going to get the work done all over again. Your offer to correct that is perfectly acceptable and, in fact, he is under a duty to give you reasonable opportunity to do that and he has not.
That is all very well. However, he is going to be displeased about that and probably will complain to others about it. There is no way of preventing that but frankly you do get a bit of that in business. That will be fatal. Unfortunately there are some people about who are just unreasonable.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you, ***** ***** mention that as they were laid some of the slabs cracked as they hadn't dried out, we replaced them free off charge as a goodwill gesture. The man is out of order, as we are a limited company I have been thinking of closing it down so this doesn't harm us, it isn't what we want to do but most of our orders are from Facebook and he has defaced us. I realise that this is what we have to face but how far can he go?
Expert:  Jo C. replied 2 years ago.
How far can he go in relation to what?
Do you mean can he sue?
Customer: replied 2 years ago.
Yes, can he sue?
Expert:  Jo C. replied 2 years ago.
Well, he could sue but as I said above it isn't going to get anywhere.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you
Expert:  Jo C. replied 2 years ago.
No problem.
All the best.