Ombudsman rejected S75 Claim for £12,250.What next?

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  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    onyx911 wrote: »
    Get my act together? I paid a builder that did such a bad job, the whole thing extension had to be demolished!! That wasn't my choice or being fussy, it was a building regulations requirement.

    We were victims in this. I would love for the project to have been completed as soon as we put the deposit down on the kitchen. Can you imagine living on an unfinished building site with two small kids??

    You don't have to agree with my position at all but there is no need to be so rude either. You have no idea what my family has gone through.

    Sorry, from a contract point of view you need to keep your personal life and your relationship with your builder separate from your relationship with the kitchen supplier.

    You are the victim in the builder client relationship, but that is 100% separate, both morally and legally from the contract with the kitchen folk. If you are going to take this to court, the other dispute doesn't matter.

    The facts of this are that you signed a contract, and that contract has become complicated by the actions of you via your agents, the court could be more willing to look on the retailer as the victim in this contract.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    onyx911 wrote: »
    We were victims in this. I would love for the project to have been completed as soon as we put the deposit down on the kitchen. Can you imagine living on an unfinished building site with two small kids??
    I'm sorry, but after trying and failing to get Tesco to pay up for an alleged breach of contract, you now want the retailer who had no part in your construction problems to take a financial hit?



    Why are you not chasing this builder for your consequential losses?
  • GDB2222
    GDB2222 Posts: 24,609 Forumite
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    onyx911 wrote: »
    If I cancelled the contract then surely I should have my money back?? This is the crux of the dispute, that I'm not able to cancel the contract. If I was able to cancel the contract I wouldn't be writing this post.

    Also, I don't want them to re-start the work. I want a refund.

    What makes you think that you *ought* to be able to cancel a valid contract and get your deposit back? What sort of a one-sided contract would that be if it's binding on the seller but not the buyer? That is the crux of the dispute.

    The real problem is that the kitchen is coming from abroad, and the Pound has fallen. That has pushed up the cost, unfortunately. Somebody has to pay for it, and that somebody is you. Sorry.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • onyx911
    onyx911 Posts: 108 Forumite
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    Because the product is not available! Simple as that. If the kitchen hadn't been discontinued then we would have completed the sale. We didn't simply change our mind.
  • GDB2222
    GDB2222 Posts: 24,609 Forumite
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    onyx911 wrote: »
    Because the product is not available! Simple as that. If the kitchen hadn't been discontinued then we would have completed the sale. We didn't simply change our mind.

    But it was available. You simply needed to arrange storage until your extension was completed.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • onyx911
    onyx911 Posts: 108 Forumite
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    Which we may have done if we had been told the units were being discontinued. Incidentally the Seller knew this fact but didn't tell us until afterwards. They also had £12,500 to purchase the units in question.
  • onyx911
    onyx911 Posts: 108 Forumite
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    I think you guys are really scrapping the barrell now on ways to criticise me. The company said tell us when you are 12 weeks from completion. We told them what was happening with the build at regular intervals.

    Store the kitchen :rotfl:
  • powerful_Rogue
    powerful_Rogue Posts: 7,509 Forumite
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    onyx911 wrote: »
    Store the kitchen :rotfl:

    You find the idea of storing the kitchen comical, yet you complain that the retailer didn't do this exact thing.
    onyx911 wrote: »
    They also had £12,500 to purchase the units in question.
  • GDB2222
    GDB2222 Posts: 24,609 Forumite
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    onyx911 wrote: »
    I think you guys are really scrapping the barrell now on ways to criticise me. The company said tell us when you are 12 weeks from completion. We told them what was happening with the build at regular intervals.

    Store the kitchen :rotfl:

    We obviously don't have all the details. Do please tell us what your barrister advises. However, if you originally contracted to take delivery of the units on a particular date and then changed your mind (for reasons outside your control), it's really difficult not to have sympathy with the seller. So, yes, storing the units was a perfectly feasible way to comply with your side of the contract.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    Why on earth are you even posting here if you have a barrister to call on for advice?!
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