What is it about the headstone final look that you are not happy with?
Does it not comply with your instructions?
Did you personally order the stone or did someone else executor or suchlike order it?
What is the nature of the challenge?
How much is the claim?
You need to fill in the acknowledgement of service document within 14 days so get that done as soon as possible and send it off.
You then need to fill the defence in and send that.
I can give you a better idea of what your defence would be what you tell me what you instructed the stonemason to do and what’s gone wrong. Best wishes
The undertakers are potentially in breach of the provisions of either the Consumer Rights Act 2015 which has superseded the Sale of Goods Act the Sale of Goods Act depending on whether the contract was before 1 October 2015 or after. However the provision is the same that goods supplied under a contract must be of satisfactory quality and fit for purpose.
It is a headstone and therefore it’s fit for purpose. It may not be satisfactory quality but it is fit for purpose. The example I use to explain fit for purpose is that if I want something to plough a field, and I get sold a bicycle, but it’s not fit for purpose.
They may also be in breach of the provision that any goods must be as described and therefore, it must be as they told you it would be.
If the undertaker decides to take you to court, then you have no option but to defend his action.
It seems that you told them you wanted enough room for 2 occupants and yet the amount of space for the second occupant is quite cramped and hence I get the impression that you feel that the second occupant would appear to be an “afterthought”.
Whether you would succeed if this went to court, in defending the action would depend on whether the judge agreed that there was not equal space for 2 people and whether you had actually given those instructions at outset. I assume there is going to be no dispute over the instructions that were given.
This should be Small Claims Court because the amount claimed and the maximum amount of solicitors costs that could be claimed is limited to about £100 if he is successful.
Before rushing off to court, I suggest that you have a photograph of the headstone and ask a few people if they agree with what you are saying. If they do, then defend the action.
It’s unusual for stonemasons not to give an exact layout for approval, before this “gets written in stone”. Even though it may be another company’s fault (the stonemason) it is the funeral director who is responsible to you if this is not as it was supposed to be and as they described to you.
What I would suggest is that rather than simply ignore their protestations and tell them that you’re not paying, you tell them to come and remove the stone and amend the writing (it is their problem how they do that) and give them specific instructions as to what it looks like now and what it should look like. What may have happened is that they simply forgot to tell the stonemason that was to be of the space for someone else at later stage in time.
Can I clarify anything for you? Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid. We can still exchange emails.
Thank you. Provided you told the undertaker that there were to be 2 interments then it’s not unreasonable that the undertaker should have left enough space for 2 of them without one of them being smaller and without it being all scrunched up near the bottom of the stone.
If you have the sketch, that is valuable evidence because what they have produced does not match the description. You do say however that “the original sketch appears to show”. I don’t know whether that’s just your wording or whether it does show an equal amount to space.
It is never too late to try to negotiate and rectify it. I don’t know whether they can machine the face-off and start again. If this gets to court you are then seen to be reasonable because you are not simply refusing to pay but you are just asking them to make it look how it was supposed to look.
By all means suggest ADR/Mediation , but that will not work unless one of the parties or both of the parties is prepared to change their stance a little. I can’t see the you could possibly change yours.
Whilst you are trying to negotiate with them, just deal with the court paperwork as though you are not negotiating.
By all means write to the regulatory body but I don’t know to what extent they can make the undertakers do something which the undertakers don’t want to do.
In your defence you would not normally say what offers you had already made and had been rejected but you would raise that if the judge finds in your favour and he is making an order.
They offered, you agreed. Let’s face it, they only have to reduce the size of the writing slightly and they can fit more on.
Doesn’t match the sale description which is a breach of the Consumer Right Act 2015.
I think the fact that it doesn’t afford equality is enough for you to take issue over this. Would not be if they had not been told at outset that you required it for two interments.
Yes. You should refer to the sections which are here.. Just quote the numbers and description, not the whole section
s 11 as described
s9 satisfactory quality