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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78207
Experience:  Qualified Solicitor
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We ordered a roof window online from a roofing company, they

Customer Question

We ordered a roof window online from a roofing company, they was delaying the delivery as it wasn’t made, we called the store and cancelled the order via tellephone and got a refund it was around £850, the company/manufacturers saying they delivered it with photo evidence that it was on the drive. We had completed the job so did not sign for it or take delivery of it neither did our client so it’s gone missing. The company we did the order with have passed our email, phone number billing address and clients delivery address to the manufacturer and there demanding payment from us but we never took delivery as our job had been completed.
JA: Where are you? It matters because laws vary by location.
Customer: mid it leagal for the supplier to pass on the information without our permission and how can they demand payment when no one took delivery of it, it states on the website that it must be signed for and checked over but they used the excuse of covid we’re based in Kent
JA: What steps have you taken so far?
Customer: We’ve told them that we took no delivery or signed for it’s been over email but there demanding payment, there threatening with court proceedings
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 14 days ago.

I see you have already mentioned that you want to know about the window delivery. Is there anything more specific that you would like to know about it? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 14 days ago.
Thankyou
Expert:  Ben Jones replied 14 days ago.

I see you have already mentioned that you want to know about the window delivery. Is there anything more specific that you would like to know about it? I

Customer: replied 14 days ago.
We ordered a roof window online from a roofing company, they was delaying the delivery as it wasn’t made, we called the store and cancelled the order via tellephone and got a refund it was around £850, the company/manufacturers saying they delivered it with photo evidence that it was on thedrive. We had completed the job so did not sign for it or take delivery of it neither did our client so it’s gone missing. The company we did the order with have passed our email, phone number billing address and clients delivery address to the manufacturer and there demanding payment from us but we never took delivery as our job had been completed.
Is it leagal for the supplier to pass on the information without our permission and how can they demand payment when no one took delivery of it, it states on the website that it must be signed for and checked over but they used the excuse of covid
Expert:  Ben Jones replied 14 days ago.

Thanks and what are you hoping to achieve in the circumstances please?

Customer: replied 14 days ago.
Not to pay for something we never received and not to be taken to court
Expert:  Ben Jones replied 14 days ago.

And was your contract directly with the supplier, rather than the manufacturer?

Customer: replied 14 days ago.
Customer: replied 14 days ago.
We have the email of purchase from the supplier then they delayed it and we cancelled it directly with the supplier
Expert:  Ben Jones replied 14 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to go be going through.

First of all, you should argue that you have no legal relationship with the manufacture as your contract is with the supplier so the manufacturer cannot pursue you for this directly.

Secondly, no matter whether they can prove that the window was left on your premises, that does not mean you have it or that you are responsible for it. Unless they can show that you accepted delivery, or were there at the time and knew it had been delivered, you would not be liable for it if they had decided to leave it on publicly accessible property. It’s the same as leaving Amazon packages on your doorstep – it is the seller that is liable if they get lost unless you had officially accepted responsibility for them being left there.

Expert:  Ben Jones replied 14 days ago.

In terms of their threats to take this further, whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.

There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.

Expert:  Ben Jones replied 14 days ago.

Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’.

To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.

Expert:  Ben Jones replied 14 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
Is the roofing company legally allowed to pass all our private infomation onto the manufacture without our permission?
It feels like there bullying is into paying when it’s not been accepted and been cancelled by us
Expert:  Ben Jones replied 14 days ago.

Strictly speaking no and you can argue that they have breached your data protection rights by doing so, but that won’t changer the rest of your position as described above.

Customer: replied 14 days ago.
But it’s the manufacture that is chasing and demandingpayment when we’l didn’t order through them, I actually think they don’t sell to the public
Expert:  Ben Jones replied 14 days ago.

I covered that part above in my answer, where I stated that you did not have a contract with them

Customer: replied 14 days ago.
Thankyou
Expert:  Ben Jones replied 14 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.