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Bathroom Showroom wants to take my parents to court!
paulh84
Posts: 8 Forumite
On 27/08/2004 my parents ordered a sink from a bathroom company for £170.00 (£144.68 + £25.32 VAT) and paid a 20% deposit (£34.00) with the order. They were also planning to buy a cabinet but wanted my opinion before ordering.
The next day they ordered the cabinet and decided to get a different sink. They also bought fittings. They were told that the total cost would be £775.69 (£660.16 + £115.53 VAT) and that the cost of the original order was cancelled. They signed the neccessary contract to purchase believing that the first order had been cancelled and that the total cost of the purchase would be £775.69. An additional deposit was paid of £121.14 which when added to the deposit of £34.00 equalled 20% of the total cost of the order (£155.14)
When the goods were ready for delivery my parents paid the remaining 80% of the cost and the goods were delivered to the house in early October. They thought that this was the end of the matter.
In April, my parents received a letter saying that £170.00 was still waiting to be paid in our account
The problem arose when the first order was cancelled, a credit of £144.68 (before tax) was taken from the new order and in fact the total cost of the goods should have been £945.69. However my parents were completely unaware of this was they believed that the original order was cancelled and that the cost of the purchases was £775.69.
If they had known that they had to pay £945.69 they would not have bought the items.
The company is now planning to take my parents to court to claim this money.
My parents have written contracts and receipts totalling £775.69 showing that in our mind the balance had been settled. Although my dad saw an itemised statement which he signed (for £775.69) he was not given an itemised statement to keep at the time of the transaction so unable to query any errors.
Is it right that this company can demand money made from their mistake? My parents bought the goods believing the price to be true and in good faith.
Are my parents obliged to pay the £170.00 or are they likely to win their case if it goes to court?
Any help much appreciated.
Paul
The next day they ordered the cabinet and decided to get a different sink. They also bought fittings. They were told that the total cost would be £775.69 (£660.16 + £115.53 VAT) and that the cost of the original order was cancelled. They signed the neccessary contract to purchase believing that the first order had been cancelled and that the total cost of the purchase would be £775.69. An additional deposit was paid of £121.14 which when added to the deposit of £34.00 equalled 20% of the total cost of the order (£155.14)
When the goods were ready for delivery my parents paid the remaining 80% of the cost and the goods were delivered to the house in early October. They thought that this was the end of the matter.
In April, my parents received a letter saying that £170.00 was still waiting to be paid in our account
The problem arose when the first order was cancelled, a credit of £144.68 (before tax) was taken from the new order and in fact the total cost of the goods should have been £945.69. However my parents were completely unaware of this was they believed that the original order was cancelled and that the cost of the purchases was £775.69.
If they had known that they had to pay £945.69 they would not have bought the items.
The company is now planning to take my parents to court to claim this money.
My parents have written contracts and receipts totalling £775.69 showing that in our mind the balance had been settled. Although my dad saw an itemised statement which he signed (for £775.69) he was not given an itemised statement to keep at the time of the transaction so unable to query any errors.
Is it right that this company can demand money made from their mistake? My parents bought the goods believing the price to be true and in good faith.
Are my parents obliged to pay the £170.00 or are they likely to win their case if it goes to court?
Any help much appreciated.
Paul
0
Comments
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For now they should stand their ground and put it in writing that they have paid the full price as discussed in the shop at time of purchase.
They need to go through everything they have in writing. Does it say somewhere the deposit was 20%? That would imply the total price was 5 times that amount. Anything with a price on, even if not itemised, would be usefull.
In this situation I'd say 'see you in court' to the company involved and the inevitable string of debt collectors they will go through.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0 -
It would help to publicise this company - who are they? - where?
Perhaps other readers might like the opportunity of not going there...still raining0 -
Xbigman wrote:They need to go through everything they have in writing. Does it say somewhere the deposit was 20%? That would imply the total price was 5 times that amount. Anything with a price on, even if not itemised, would be usefull.
X
We have got a photocopy of 2 itemised statements which we received yesterday (01/07/2005):
The first one is of the original order for £170.00 inc VAT it was not signed by my parents or a showroom assistant.
The second one is of the second order which breaks itemises the items as follows: (I've summarised it for you)
Basin (original order) -£144.68
Cabinet £357.45
Furniture Legs £202.13
Basin (new order) £205.11
Tap £140.15
The second order shows the costs of the products as being £660.16 with £115.53 as VAT. In total this equals £775.69. However if the credit for the basin of the original order was removed then the total of the products is £945.69. The statement was signed by a showroom assistant and my dad.
We also have a Contract to Purchase saying that the total for the order is £775.69 and that 20% of that cost IS a deposit which has been paid. leaving an outstanding balance of £620.55 which was paid by my dad in full. We have kept receipts of all payments to the company.0 -
thanks for everyone's help so far
does anyone know the law regarding this sort of thing?0 -
Looking at your second post it looks like they deducted the cost of the original order from the second order. However, you never paid for the first order. You paid a deposit for the first order but that was then used as part of the deposit for the second order. They are in fact now asking you to pay for the first order because they have already refunded it.
If I have understood correctly then you do in fact owe them the money. I think they could be right.
On the other hand this was their mistake and the way it has been handled is confusing. You have grounds to complain to their managing director and ask for the amount owed to be reduced. You can also say you have been financialy diasadvantaged by their error and you have acted in good faith. This might work, or might not, but its worth a try.
Sorry this isn't what you wanted to hear.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0 -
I agree with Xbigman, it is clear they gave credit for an item that hadn't been paid for. Whether it would be reasonable to assume the OPs parents should have noticed that is another matter. I think the best way to go would be to try to see if they would maybe meet halfway and accept a reduced amount. If not, I think they are going to have to pay the money.0
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Thanks for your opinions so far!
The problem is that the company agreed to sell the goods at the price of £775.69 and that we agreed to buy the goods at £775.69. There is a 5 week gap between the purchase and the delivery of which there was no mention of the additional £170.00.
As the goods were already delivered and been installed in my home for 6 months before they informed us of their error this gives us no opportunity to reject their selling price and thus we are left in this unfortunate mess.
They were also late with their delivery meaning my mum had to take a second day off from work.0
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