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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have ordered a kitchen from a small company in July. At

Customer Question

Hello,
I have ordered a kitchen from a small company in July. At first everything seemed to go very smoothly, the production (that was happening in Germany) went fast and, as been stated by the person I ordered it from, was delivered to him on time, but 5 units got damaged during transportation and had to be sent back to make replacement. This time it took months to make although It's been stated it will only take about a week. It's been a month since the kitchen has arrived in the UK as stated, and the excuse was that it took long to clear the customs, but is on it's way from Nottingham. And I kept hearing that it's expected anytime, it's on it's way etc. November 9 was set as the delivery date, and then he wasn't answering phone calls. Next day the explanation was that the truck of the delivery company has been vandalized and therefore the deliveries are delayed. All the following days I've been getting promises about things being sorted. Next excuse was that the kitchen is loaded in a container, and there are items to be delivered elsewhere in front of it and we have to wait until it's all cleared. A couple days ago I've been told that the kitchen is being loaded in a truck. Yesterday the delivery was promised to be made, the excuse was that the driver had another delivery to do beforehand and he ran out of time. today morning I've been told that the driver will be leaving Tetford in the next hour and will contact me directly, and that the service provider himself is having a minor surgery today and will not be in London. In return I asked for the drivers phone number which is off all day. I get no response to any of my phone calls and still have no kitchen. Therefore I feel this is a scam. Although I've found this kitchen company as an official Electrolux (it is a brand of appliances) distributor in London, through the official website.
Not only I am waiting for the kitchen from June until now. As I've been doing a refurbishment of my whole flat, and the old kitchen has been removed, I had to eat takeaways and microwave food, which is first of all, very expensive, and it affected my partners health badly, as he already had problems with his stomach. It has also affected my contractor who has been refusing works for the past month in order to build my kitchen when it arrives, and lost money.
I feel like we all deserve a compensation for all this wasted time, money and health, and just rudely being lied to all this time.
Is there anything I can do about this with a help of a solicitor?
Thank you!
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 16 days ago.
Hello, thank you! Please let me know if you need any further details.
Expert:  Ben Jones replied 16 days ago.

Based on what you have described, what would be the ideal outcome for you in relation to the units which you are still awaiting?

Customer: replied 16 days ago.
The perfect way would be to get a full refund of what I have already payed, and the kitchen I have ordered.
Even if I go and order a new kitchen from a different company today - the waiting time for production on average is at least 4 weeks. Therefore I will still have to continue living this way which is already getting unbearable.
If this is not an option then I would like a financial compensation.
Customer: replied 16 days ago.
The only thing is that I am not sure anymore that this kitchen exists at all.
Expert:  Ben Jones replied 16 days ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience. When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved.

If there are problems with the standard of work, or any of the above, you will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.

3. If the service has not been performed or been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader or get a refund.

In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:

1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Set a final deadline if possible, if not a date for a refund. Remind them that time was of the essence here and they have breached this so you can cancel the contract if needed

3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.

4. If the trader fails to respond or refuses to resolve the problem, you could potentially consider suing the trader for the money paid. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

5. Finally, make sure that you send all correspondence by recorded delivery and keep copies.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you should follow if you need to take this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 16 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 14 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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