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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a ongoing issue with Magent over a kitchen, we designed

Resolved Question:

I have a ongoing issue with Magent over a kitchen, we designed the kitchen and agreed this on 01/08/2015 and this was for £16500 including fitting, the fitting started on 09/11/2015 and we complained within 7 days of the work starting
Magnet have failed to install the kitchen as per the design and have ommited at corner larder unit which was on the original contract and now forced us to have the design changed and a gas boiler relocated but this has left a 700mm by 800mm void that is non excessable now as its blocked in, Maganet have offered £750 in way of compensation and the furniture Ombusman has said this is fair.
Where do I stand under breach of contract and the kitchen not been fitted with reasonable care and skill?
It it worth me going to small claims court?
Thanks
Justin
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
I would like a resolution to the issue and feel that Maganet with the offer is not a vaild offer due to the errors and the design change without our permission
Expert:  Ash replied 1 year ago.
How much are you seeking to claim?
Customer: replied 1 year ago.
the kitchen cost inc install was £16500
they have offered us £480 refund for the missing unit that we have paid for and they have offered £750 for creation of under stair storage.
Due to what we feel is a breach in contact under the sales of goods and services we have asked for £3800 refund in total
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request compensation in £3800 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 refund you 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.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
We have already raised this with them and they have made a final offer of £1280 only and the furnature ombusman has also upheld this value.
My question is do I have a case to persue for more with the breach in contract under the sale of goods and services act?
Expert:  Ash replied 1 year ago.
Yes. You have several express terms:1) Goods must be as described2) Fit for purpose3) Of suitable quality4) They must act with all reasonable skill and care.They appear to have not. So yes you do have a case.
Expert:  Ash replied 1 year ago.
Can I clarify anything for you about this?Alex
Customer: replied 1 year ago.
So because they have breached the contract on several counts what kind of settlement figure would you say is reasonable?
Expert:  Ash replied 1 year ago.
Probably around 15-20% of the total.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Alex, due to the fact the kitchen was not fitted to the original design and now we had to compromise to a change in the design, we agreed a contract on 01/08/2015 and the install started 09/11/2015, under which law should I look to proceed? would it be the sale of goods and services act or the new consumer law act?
If I decide to take to small claims court what best wording am I to use? and do I issue the claim agaist the Branch of Magnet that the kitchen was purchased or Magnet Head office?
If I win the case will the be made to pay my additional costs incurred?
Thanks
Expert:  Ash replied 1 year ago.
you are suing on the grounds I highlighted above.It would be against magnet head office as that is the registered address for the firm.If you win the costs of the claim are added yes.
Expert:  Ash replied 1 year ago.
Does that clairfy?Alex
Customer: replied 1 year ago.
which law would it fall under. the order was placed 01/08/2015 but contract signed 16/10/2015 would it fall under consumer rights act 2015 or the sales of good act?
Expert:  Ash replied 1 year ago.
consumer rights as that is when the order was signed.
Expert:  Ash replied 1 year ago.
Does that help?Alex
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