Not a bad deal I guess, but there's every chance if you asked for the refund that they would have suggested a discount anyway.
I had a company install something in my house and they ****ed it up royally because it wasn't suitable. Arguing with them got nowhere but sending an official letter before action got them to give me a full refund. They actually offered a full refund, or to put it right (not really possible), or keep it for a discount. I said full refund, and they kept getting back to me asking again and again if I was sure I didn't want to keep it for a fee. The fee got smaller and smaller, because it was a write-off for them, but I always declined and in the end they had to send someone to remove it (further cost).
Maybe you could have negotiated something similar if you insisted on a refund, depends if they had a chance of reusing it. In my case it was a permanent fixture and removing it destroyed it.
Took many MANY months to get resolved though so if you were in a hurry maybe wouldn't have worked.
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Hello all, thanks for your comments.
It seemed they were digging their feet in initially but after pushing harder they did accept the change had been made without our agreement and acknowledged the problem.
Their first offer was to refund our deposit and cancel the sale. We wondered if that was going to be a cynical "take it or leave it" gambit knowing that we can't afford to wait another 3 months to get another one made.
We suggested that since it was already built and shipped, the only realistic course of action was for us to accept it as-is and pay to have changes made, and seek compensation. A bit of to-ing and fro-ing and they agreed a flat reduction on the overall price. This might or might not cover the costs we incur but it will certainly put a sizeable dent in them.
It is due to arrive next week but we are waiting on our engineer to suggest changes still.
So not perfect but I think like Boris' deal, we can accept it.Leave a comment:
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Legal query
Indeed, probably their business model to alter at will final design (to lower costs) and have the T&C’s to back it upOriginally posted by Paddy View Post
Sent from my iPhone using Contractor UK ForumLast edited by GhostofTarbera; 23 October 2019, 22:44.Leave a comment:
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Citizens advice are really good, they'll even contact the company on your behalf if you want.
But ultimately you need to write to them asking to fix it with recorded delivery, explaining how you want it put right. Then if they refuse to budge, you need to send a Letter Before Action stating that if they don't comply, you'll move forward. Explain all your reasoning and evidence. Ask them if they're a member of any professional body that has a mediation service (citizens advice will explain all this).
If they are, contact the professional body and arrange mediation. If not, proceed to small claims.
This is the only thing you can really do, but stating your intentions and reasoning clearly will probably be enough to kick them into gear and get them to settle it.Leave a comment:
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You sent them a design A, which will be considered as an outline specification of your needs.Originally posted by d000hg View Post
They, as the actual designers, sent you their proposed design B, which is their offer for what they can do to meet your needs. Clearly it was not the same as your design A, therefore they requested your review and approval of design B. This approval you duly gave. You accepted their offered design.
After design B was approved, deposit paid and works underway, you spotted something you didn't like but had failed to identify in your review and approval of design B.
- So far, so straightforward. You're completely on the hook for works you approved and ordered, even if it turns out that it isn't what you actually wanted. Design B is what you ordered.
Now it gets interesting.
It is important to fully understand what happened between design B and design C. After approval and commencement of design B, you raised some points to the supplier.
- what were the points raised on design B and how were they communicated?
- did supplier respond individually to the points you raised, or...
- did supplier simply issue design C in response to your queries?
- did you approve or otherwise accept or agree to the production of design C?
When you paid the deposit for design B, what were the agreed production and delivery dates?
When did you raise the queries on design B?
When did supplier issue design C?
When did you raise concerns on design C? (I know you said "immediately" but...)
What form did the "fobbing off" take? Do you have a correspondence trail?
Did the actual production and delivery timeline of design C match the (agreed) planned production and delivery timeline of the approved design B?
Has supplier provided any claims for extra costs for the change from design B to C?
The best thing for you to do is to set out a comprehensive and detailed timeline of events and communications. Then check the T&Cs of the contract you signed, particularly about changes post-contract. This sort of stuff is my bread-and-butter, and I'm happy to help, but if you want more help here we're going to need more details. Otherwise work up answers to my questions and take them to a solicitor for a first review.Leave a comment:
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If design C is what was made and will be delivered, and is different to design B, then they're not providing what was agreed so personally I would contact them immediately explaining that I will not accept delivery and will be cancelling the order and recovering all monies unless they can confirm that design B will be supplied. As for going back to design A, you missed the boat on that one I reckon.
Of course they will dispute this and try to avoid a refund / replacement. Hopefully you paid some or all of the deposit on credit card so you should be covered under Section 75, even if other avenues such as the Distance Selling Regs are unlikely to apply (bespoke product).
But I'd start off by giving them immediate fair warning that you will not accept the building as it's not built to the agreed design.Leave a comment:
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I'm guessing this cabin is not cheap and I'll assume the changes are too big to just be ignored.
On that basis I'd be spending a few hundred quid on proper solicitors advice and go in big and hard.Leave a comment:
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Legal query
Hello o brains of CUK, I seek thy wisdom on a serious matter!
We've ordered a bespoke log cabin from a UK company. We sent our design A to them and got a quote. They sent us their 'approved' design B for us to approval. They made some small but annoying changes but didn't mention them to us and we didn't spot them until after we'd approved design B and paid 50% deposit.
When we did spot them, we contacted the supplier to see if they might be corrected. We were not given any substantive answers but were given design C, the final plans sent to manufacturing.
Design C introduced a substantial change to design B which is a big problem. In hindsight they probably meant to include it in B but did not.
We immediately contacted them to tell them this was a big problem and were then fobbed off for nearly two weeks, until we suddenly received an email "your order is delivered to the UK ready for shipment, please pay the balance".
A week of increasingly urgent communication went by before they finally replied to say the chance was in the plans we signed off... Sorry but it is now constructed and shipped.
We do not have the time to wait months on this and have no idea how to proceed. Accept delivery then fight it? Leave it in their warehouse while we fight? Hire a solicitor?
Sorry to pollute General with a serious matter but I'd appreciate opinions.
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