What would you do?

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Mon Ami Mate

Original Poster:

6,589 posts

269 months

Wednesday 7th April 2010
quotequote all
A close family member has a bit of an awkward situation to deal with.

A couple of years ago he handed over several thousand pounds to somebody for a piece of home automation technology. He bought this thing after providing a detailed specification of what he needed, and was advised by the person he bought from.

When he received the item and installed it he quickly discovered that it didn't fulfil a key part of what he required on his specification. So he let his supplier know and the supplier agreed that this was the case and took back the item, but it was agreed that he would supply an updated item that did fulfil the specification.

Months went by and nothing happened. It transpires the supplier was acting as a middle man for the manufacturers and has been back in touch to say that he has to dispose of the original item for as much as possible before supplying the new item that does what it was originally agreed it should do. He is now hinting that more money will have to be paid in order to make up a difference. More money to somebody who took several thousand pounds ago two years ago, and has so far failed to produce anything.

I'm not emotionally involved with this, so my instinct is that my family member should serve a seven day letter, insisting on either a full refund or goods delivered that fulfil his original specification with no extra outlay. My family member is a diffident character who doesn't like making a fuss and is loath to do this. He points out that the supplier is a decent chap and he doesn't want to upset him. In the meantime the several thousand pounds sits in somebody else's bank account and he has nothing at all to show for it. Months are becoming years.

What would you do?

john_r

8,353 posts

272 months

Wednesday 7th April 2010
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I think your family member is being taken for a mug and should demand the money back or the equipment that was ordered within 7 days. On day 8 (because the money has been spent and won't turn up...) he needs to file a claim via the online court service. Assuming of course that there is a paper trail that backs all this up?

What would I do? Well I wouldn't hand over the money for something before it was delivered...

escargot

17,110 posts

218 months

Wednesday 7th April 2010
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I'd do what you suggested. Your family member sounds like a 'nice' person who doesn't want to upset the applecart, however, said family member is having the piss taken out of them good and proper.

shirt

22,618 posts

202 months

Wednesday 7th April 2010
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i think the genteel middle class method is to write to the sunday times.

I'd go with the above suggestions but would also write to the dealer beforehand explaining the position, intended actions etc. and push for an amicable solution.

Graham E

12,705 posts

187 months

Wednesday 7th April 2010
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Serve him the letter, take him to court, and expect to get nowhere. Most small 1 man band types that "dabble" in home automation have no clue what they are doing, and so get into a world of hurt.

They have ordered and installed the wrong kit. They go to the manufacturor. The manufacturor points out the goods weren't faulty, and they weren't asked to specify a system, instead somone said "i'd like this shoppoing list please". Naturally, installation kit that has been installed is esentially scrap value - who would want it? The manufacturor won't want oodles of boxes with bits of paint on etc, they can't sell it easily, and the warranty implications aren't worth thinking about it.

So now, in all likelyhood, your installer is in a hole. He has made a mistake, which means he's lumbered with an automation system he can't easily sell (the bits are often specific), and since he only had 30% in the deal, either lacks the cash to buy the correct system, and therefore can't jump out the hole, or instead thinks he doesn't want to be out of pocket, so is reluctant to stomach the loss he's facing to resolve it.

I hope that pressusre from your relative gets his cash back, but thats what you should aim for. Take that cash to a proper outfit that know what they are doing, and your relative will end up sorted. There are a good few PHers that do cusom install work, and if you are in the North, PM me and I'll give you a few suggestions of good guys that could probably help.

Ta

Graham (who used to sell to the custom install industry for a living)

Pesty

42,655 posts

257 months

Wednesday 7th April 2010
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just one question

what on earth is home automation?

ZOLLAR

19,908 posts

174 months

Wednesday 7th April 2010
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Pesty said:
just one question

what on earth is home automation?
+1 confused

bimsb6

8,045 posts

222 months

Wednesday 7th April 2010
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stairlift ?

GTIR

24,741 posts

267 months

Wednesday 7th April 2010
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Pesty said:
just one question

what on earth is home automation?
Depends.

For men it's a machine that does what we all do (less with age) and wipes.

For women it's a dishwasher.

Mon Ami Mate

Original Poster:

6,589 posts

269 months

Somewhatfoolish

4,378 posts

187 months

Wednesday 7th April 2010
quotequote all