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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Customer ordered a kitchen to make as per s specifications,

Resolved Question:

Customer ordered a kitchen for us to make as per his specifications, we did it and sent it out to him. He signed the delivery note which is accepting all is ok with the goods. Two days later whilst I was away on holiday he rang me stating there were a few issues with paint work on doors and plinth been the wrong style and the drawers not dovetailed at the back (the customer came out to do a visit to see our work prior to ordering and knew exactly how our products were made, painted etc and ordered with us) the customer still owed us £950 which we told him to keep hold of the money until he could get a quote for another person to paint the items (he told us that's what he wanted to do, that's why we told him to hold on to the money)
Upon returning from holiday I came back to an email stating that he'd fitted the kitchen and was unhappy with several other things which he went on to list, he told me I either had to go to him and rectify the issues or pay him £3000 in compensation, I asked why he fitted the kitchen as the additional issues he's listed would have been spotted at the same time as the earlier issues, his reply was he fitted it on the assumption that we would compensate him. Some of the issues he claims he has are not rectify able at the property where it is now fitted and he knew that. Most of the issues he had I disagreed with and told him this and some I agreed with so I agreed with him £2750 as the emails back and forth was causing a lot of stress to both parties, and also that he was threatening me with taking me to court, stating that he can return the whole kitchen to us for a full refund, is he able to do this as he's signed for it, fitted it and now asking for even more compensation after we have agreed on £2750. I asked for him to allow 14 days for the funds to reach his account to which he said I want it within 7 days, I am a small business owner and do not have this kind of money in my account due to bills, wages etc so would need 14 days. On top of this I sent him a couple of remaining items last week which he is now complaining about again and demanding more money from me. Please where do I stand I'm at my wits end with it, I feel rather bullied into paying him compensation
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Have you inspected the units please?
Alex

Expert:  Ash replied 1 year ago.

Just to confirm the £2750 was confirmed in writing as settlement?

Customer: replied 1 year ago.
Hi AlexThe items were checked before leaving the unit so it is his opinion over mine on quality, yes the agreed figure is all on emails to and from both parties
Customer: replied 1 year ago.
I didn't make a personal visit to his home address due to family issues at the time and the fact I felt pressured for money
Expert:  Ash replied 1 year ago.

Ok. If the £2750 was agreed then yes its binding.

The customer can NOT now claim a refund or change the compensation.

Its binding on BOTH parties and can not be withdrawn or go back on.

If the customer takes you to Court you can defend the claim on the basis you have come to an agreement and that this claim ought to be struck out.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
The additional items that he received after the settlement but was on with the original kitchen quotation, he can't claim extra on those can he? If we refuse to give him additional compensation can he still take me to court?
Customer: replied 1 year ago.
Is there a timescale for us to make that payment in? As I was on the impression it's within 28 days for refunds.
Expert:  Ash replied 1 year ago.

28 days is reasonable. Thats too late, he said £2750 - should have made sure that was for everything.

That is not your fault.

Does that clarify? Alex

Customer: replied 1 year ago.
Once compensation is paid, if he decides he has further issues with the kitchen further down the line (even after third parties amending it for him) can he claim or ask us to sort out such issues? Sorry about all the questions I just want to be clear when I email him back. I have done everything through email so I have proof of our conversation
Expert:  Ash replied 1 year ago.

Yes. If its in writing make sure you send the payment and say in full and final settlement.

That is it then. Its all over.

Does that clarify? Alex

Customer: replied 1 year ago.
He can't go back on that figure and take me to court? He has given me until tonight to pay the compensation demand which is only 7 days since he asked for it, we agreed on it on 23/06/2016 so I can do 28 days if I need to?
Expert:  Ash replied 1 year ago.

No. It was agreed! Unless he said the agreement was conditional upon being paid with 7 days then you can pay it within 28 days.

Does that clarify? Alex

Customer: replied 1 year ago.
No I asked for at least 14 days to pay it as funds were low and he responded he wanted it tied up before 7 days was up. I never agreed to that he then sent another email 27th June saying he needs the money in the account before the 30th I replied to this saying I needed his bank details and I would get it to him as soon as I had the funds.
Expert:  Ash replied 1 year ago.

Ok - but to be clear the £2750 was agreed.

If that was done then that is ok - you can pay within 28 days

Although if it went to Court the Judge would order payment in 14 days.

Does that clarify? Alex

Customer: replied 1 year ago.
thank you for your help. I really appreciate it at this stressful time
Expert:  Ash replied 1 year ago.

A pleasure. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
of course
Expert:  Ash replied 1 year ago.

Thank you very much.