Got this email from a client and I'm wondering if I should be worried?

shellsuit

JamesO wrote: »

not really. the set is quite involved (linkages and mirrored designs that were actually quite hard to make) and apparently they're all sat in a box waiting to be fitted still.

not really what?

It's no use to the buyer having half of the order is it? What are they still waiting for?

JamesO

shellsuit wrote: »

not really what?

It's no use to the buyer having half of the order is it? What are they still waiting for?

sorry, not really to DVardysShadow up on the page. Dragon doesn't let me click on links or quote buttons easily so I have to use the mouse and I'm clumsy with the left so I tend to be lazy - try not to do it again.

neilmcl

I have sympathies for your predicament but I honestly think that your customer is entitled to a full refund, custom-made or not, a partial order isn't much use to them and it sounds like your not in a fit state to complete the rest of the order any time soon. As far as the other stuff they're trying to claim is concerned I think they're just trying it on and I don't think they have a leg to stand on.

JamesO

shellsuit wrote: »

It's no use to the buyer having half of the order is it? What are they still waiting for?

basically the other half - they commissioned a mirrored set for a garden/drive gateway and porch door/entry door.

They sent me sketches and templates to work through and I got not quite half way before I ran out of iron stock.

Key elements of the over all design are missing (I freely admit this) I will not be able to complete the iron work now (maybe in another 6 months, maybe not) so I will refund the cost of the items not received, but they want to cancel the whole order as the set will not be complete. I understand that it's there right to cancel. it's the other stuff he's asking for I have trouble with.

dmg24

In the absence of contractual terms to the contrary, the customer may be able to rescind the contract. In this case you would be entitled to retrieve the goods that you have supplied to them so far (the customer seems willing to allow you to do this).

With regard to the laws they are quoting, they don't really know what they are talking about. This implies to me that they have not taken any legal advice.

Loss of monetary benefit: GB£50.00
Loss of opportunity resulting in disappointment: GB£25.00
Good will gesture for poor customer service including award for excessive delay of over 9 months: GB£150.00
Time spent resolving this situation (charged at £50 per day): GB£25.00 for time spent composing emails, researching consumer law, incidental phone charges to leave messages.
Cost of seeking legal advice: GB£50.00 (invoice available on request at an additional charge)
Documentable distress in the form of deterioration in my mental health: GB£50.00

They really are making it up now! I would be inclined to agree to the £25 for time spent resolving the situation, and as a goodwill gesture. If they wish to pursue any of the other items, I would ask them to provide further proof (at their expense).

dmg24

JamesO wrote: »

I know I should refund and though that will be hard, that's ok with me. It's the other bits I don't know about all the compensation and interest and me having to collect them and so on.

It's another £350 plus collection from the other side of the country! That can't be fair can it?

You would need to pay the costs of collection. It is you that is in breach of the contract.

Forgot to mention about the interest they are claiming. If you have held the money for this time, I would agree to paying this interest also.

poet123

Was there an agreed time frame for delivery? Did you keep the customer apprised of the situation? is this a private customer or a business?

Seems to me the customer is trying to circumvent the system. If you refund and collect, the only way he could obtain the extra £350 is to go to the Small Claims Court, who may indeed cite various laws, but he would have to go down that route. So, I would reply with profuse apologies, offer to refund, collect and a goodwill gesture of £50. He may refuse but you will have documented evidence of your atttempt to rectify the issue. Keep copies.

JamesO

poet123 wrote: »

Was there an agreed time frame for delivery? Did you keep the customer apprised of the situation? is this a private customer or a business?

Seems to me the customer is trying to circumvent the system. If you refund and collect, the only way he could obtain the extra £350 is to go to the Small Claims Court, who may indeed cite various laws, but he would have to go down that route. So, I would reply with profuse apologies, offer to refund, collect and a goodwill gesture of £50. He may refuse but you will have documented evidence of your atttempt to rectify the issue. Keep copies.

As I said, unfortunately I can't remember when we originally agreed, but I think it was around early April. I am a business, but only a sole trader, this is a private customer, but I think they make a habit of renovating places expensively (just the impression I got)

£25 with interest seems fair.

Do I have to collect in the 2 months? I know a man and van, but he's always busy around Christmas...

MUMMYTO2BOYS

If you'd sent me half a mirrored set I'd want a full refund and not only refunding for what hadn't been recieved.

You took full payment up front THEN discover you can't source materials?!?

You failed to update the customer at any stage?!?

You agreed a date to complete the order but forgot so it was a few months late?!?

At best you seem very laid back, at worst you're a conman. If the customer posted his experience of your business on here he'd be advised to take you for all he can get.

Legally, you may not be liable for all he is claiming.

Morally, you should be ashamed and give AT LEAST a full refund and take your HALF order back and let him try and find someone capable of fulfilling his order.

4743hudsonj

JamesO wrote: »

basically the other half - they commissioned a mirrored set for a garden/drive gateway and porch door/entry door.

They sent me sketches and templates to work through and I got not quite half way before I ran out of iron stock.

Key elements of the over all design are missing (I freely admit this) I will not be able to complete the iron work now (maybe in another 6 months, maybe not) so I will refund the cost of the items not received, but they want to cancel the whole order as the set will not be complete. I understand that it's there right to cancel. it's the other stuff he's asking for I have trouble with.

well is he able to assemble what he has into something usefull or not?

i too sympathise with you and they do look like theyre trying some of it on but if they had posted here we would be helping them to claim from you

you make it sound like you were making several gates etc

if you have sent some of the gates in full

ie they are individually completed and can be installed then i beleive your offer of partial refund is adequate and state that you will be willing to make up for any extra costs they incur from sourcing a supplier for the rest of the order provided you see invoices/quotes and deem them to be reasonable



thats all you can do


have you explained your full situation to them?


maybe them having a condition will make them sympathise more with your injury......