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Category: Law
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I wonder if you could help? I have recently supplied a

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I wonder if you could help?
I have recently supplied a customer with a structural panel extension kit bespoke and supply only.
As he had a young family I helped him out a lot on the phone, out of hours and weekends going through everything with him.
He gave the drawings and the measurements to which I supplied to the struct calcs person. He then found that he got measurements wrong and it had to be redrawn and resubmitted I told him I would do this foc.
I had a delivery date for him, he wanted a Saturday morning which I squeezed in for him at no extra cost. He recommended a neighbour I refunded him £150 from his delivery of £250 as a thank you.
On ordering he was told to get an experienced builder or we could send him a list of approved installers he refused and he was going to do it himself.
I told him to check the goods on delivery and to dry fit prior to doing anything else I was coming back down in a week and if he needed anything or had any problems I would help him then whilst on site. He hadn't checked items and he hadn't dry fitted anything he was straight into the build, I noticed that his base was out, which I mentioned to him and he said he would have to correct. the base is nothing to do with me by the way. Whilst I was there he said he has happy with everything. I gave him some pointers then left.
Approx a week after this, he realised that he didn't have enough timbers so he ordered some more from local merchants, I told him I would be happy to refund items. I ended up having receipts for a lot more than timber, which I did refuse to pay for. A few days later he had an incorrect sized panel which he had to take from his neighbour. I supplied this panel back to neighbour foc. In the meantime I asked him to take photos of his issues and he refused. I delivered the panel to his neighbour and went and talked to him. I told him that any further timber that he needed I would refund him for on receipt of receipts, I would also take the item he wasn't happy with and put it right for him free of charge. He refused, he insisted that he would fix the problem. I told him I would pay for an hours labour in cutting the panel as that is how long it should take to do. And an hours labour in fixing the item that he wasn't happy with making 2 hours in total.
I then received an email requesting £1000 compensation and 5 hours labour in correcting items plus a refund on all the timber. If I paid this to him he would have had everything for nothing. His building is up he is using it, he has put this up himself and I can't determine whether he has made mistakes himself and wishes me to pay for them. He has resisted any recommendations and resisted me putting things right he has resisted photos etc. And when the total amount I have already told him he has had in redone drawings, site visits, time spent helping him, refunds on missing items etc he feels that he is entitled by law to £1000 compensation plus all of the above. Even though this build was supply only. Can you help

Hello, thank you for the question.

Can I ask how he arrived at the figure of £1,000 compensation?

Customer: replied 4 months ago.
I don't know he's never broke it down he wants £1000 plus refunds and time

Thanks, ***** ***** come back he has is to reject the goods if he claims they are inferior quality, not as described, not fit for purposes, etc. This would be under the Consumer Rights Act 2015.

He did not take your advice to instruct a builder either. I presume there was no contract other than for you to supply the materials?

He cannot simply say he wants £1,000 without justifying it or itemising this. Did you lose out financially as a result of this?

I would be inclined to tell him you dispute the £1,000 and any other losses which he is claiming for. He would need to prove that a contract existed over and above the supply of the materials.

Let me know if I can help further. If he tries to sue in the small claims court, I can help with any defence. If you could accept this answer and give me a star rating, I can offer unlimited follow up Q&A's at no extra charge

Kind regards,

Jim

Jim1079 and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you Jim, Sorry for the delay in rating and responding. We went through all the data that we have and i sent out a reply breaking everything down to him, and the fact he didn't do anything that was recommended to him, he refused any replacements and did them himself which has his building required structural calcs etc may undermime this. He didn't lay everything out and then having any problems at this stage i could have remedied. The fact i went on site to see him twice and both times he never had a problem he had problems about 2 weeks after. What did occur to me was his neighbour had an off the shelf kit from me that was cheaper as it was off the shelf. I feel once he found out his was more expensive and it seemed that he had less then his neighbour this was when the issues started. His was more expensive as his was more complex and it had to be made to his spec. He has gone to citizen's advice and they have reported it to Trading Standards. He did quote back to me that should a replacement or response not be good enough, then he would be entitled to keep the goods and have the goods at a discounted price. ( I think that is what he wants). In final email to him i have told him i would be more than happy to refund him the extra timber that he hadn't received, and i laid out to him all the extras that he had previously. I reitterated to him the importance of dry fitting before doing anything. How can i be held responsible for him not taking this advice and carrying on regardless. I did notice from my site visit photos that his windows didn't line up as per the drawings and there were two panels that he had put in the wrong place, due to tthis it threw his building out which meant that things wouldn't have fitted correctly.Anyway i told him if he wasn't happy with this response then he would have to seek legal advice.That was sent last week, so i am assuming that is what he is doingThank you for your time and offer with the defenceKind RegardsRegan
Hi,The agreement was to supply and not fit so there’s no legal basis that you can be held accountable if he goes ahead.Let me know if you encounter any problems with them and happy to help if this problem escalatesJim