Small claims process..
Discussion
We've recently ordered and have fitted a new garage door. On closer inspection we've noticed that although the door is the correct Colour the finish is not what we ordered, we've received a silk finish when we ordered a harder wearing sandgrain. We've made the installer aware of this within 30 days of installation and politely but firmly asked them what thy intend to do to rectify the problem. After several weeks of procrastination they've now flatly refused to do anything, which is err pretty unhelpful!
The door was bought and paid for through our business, so I understand the consumer rights act doesn't apply but given we've got a paper trail clearly showing we've ordered one door and received another I'm guessing it's a breach of contract?
Has anyone got any recent experience of using the small claims proceedure to recover money in a similar situation?
The door was bought and paid for through our business, so I understand the consumer rights act doesn't apply but given we've got a paper trail clearly showing we've ordered one door and received another I'm guessing it's a breach of contract?
Has anyone got any recent experience of using the small claims proceedure to recover money in a similar situation?
kestral said:
I have used the small claims court for refunds.
The first thing that comes to my mind here is why did you let them fit the door and then complain about it's appearance?
Did you not see them fit it?
Did you at the first oportunity inform them it was wrong ?
Fair point regarding the fitting.The first thing that comes to my mind here is why did you let them fit the door and then complain about it's appearance?
Did you not see them fit it?
Did you at the first oportunity inform them it was wrong ?
The door was ordered 3 months prior to fitting, it was ordered with a textured finish (the other choice was smooth)
Th day it was fitted the door of course was the Colour we ordered but I just didn't remember that it had been ordered with a textured finish, they had delivered and installed the smooth.
The differences I accept are not massive but the textured finish was ordered as it's harder wearing and was at the end of the day what we ordered from them... it wasn't an error made by the manufacturer it is. Straightforward ordering error made by their approved retailer.
Check the T&C's.
Fundamentally they haven't fulfilled the contract. You ordered X and received Y.
Is there a difference in cost between X and Y? Have you been charged the correct price for Y?
I imagine your choices are to accept the door as is, ask for a change in price to reflect the different spec or have the door replaced or refinished to match what was originally ordered.
Court action is a last resort rather than a bargaining chip.
Fundamentally they haven't fulfilled the contract. You ordered X and received Y.
Is there a difference in cost between X and Y? Have you been charged the correct price for Y?
I imagine your choices are to accept the door as is, ask for a change in price to reflect the different spec or have the door replaced or refinished to match what was originally ordered.
Court action is a last resort rather than a bargaining chip.
T5GRF said:
Fair point regarding the fitting.
The door was ordered 3 months prior to fitting, it was ordered with a textured finish (the other choice was smooth)
Th day it was fitted the door of course was the Colour we ordered but I just didn't remember that it had been ordered with a textured finish, they had delivered and installed the smooth.
The differences I accept are not massive but the textured finish was ordered as it's harder wearing and was at the end of the day what we ordered from them... it wasn't an error made by the manufacturer it is. Straightforward ordering error made by their approved retailer.
Yes you are correct that they have not supplied what you ordered. But it is by far a straight forward ordering error.The door was ordered 3 months prior to fitting, it was ordered with a textured finish (the other choice was smooth)
Th day it was fitted the door of course was the Colour we ordered but I just didn't remember that it had been ordered with a textured finish, they had delivered and installed the smooth.
The differences I accept are not massive but the textured finish was ordered as it's harder wearing and was at the end of the day what we ordered from them... it wasn't an error made by the manufacturer it is. Straightforward ordering error made by their approved retailer.
It can be and any county court judge would ask even if it was not raised " if the order was incorrect why did you allow the door to be fitted"?
That suspect that would also be the argument put by ant defendant in court proceedings.
The result would likely be at least that the cost of the fitting of the door would be deducted from any fee recovered from a claim.
I think you should contact the company and tell them it is not the door you had ordered. And do so in such a manner as to say "I can see what has happened both doors are similar in appearance and it is easy for anyone to make a mistake even I did not realise at the time of fitting".
Let them know you want the correct door and see what they say. Don't mention courts.
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