using a small claims court,

stolt

just wondered what the score is with MCOL, i have some issues with a company called http://www.tilesporcelain.co.uk/ regarding sending me damaged tiles, i had to pay a deposit for some replacement tiles and th company were going to refund me once they collected the damaged tiles. It took them a month to collect the tiles due every excuse under the sun. I sent numerous emails chasing the collection. Finally they said that they had the tiles and then only refunded me the amount less £50.00 saying that i sent 4 tiles less back.
It all hinges on them saying i told them there was 87 tiles damaged but only sending back 83 tiles. Now I have two emails sent to them advising there are 83 damaged and I phoned them and paid for the deposit over the phone, this week i phoned up and they said i paid the amount against a invoice which clearly stated 87 tiles so it was my fault for not noticing it. I requested proof by means of a email string to show that it was sent to me - they first sent me a invoice which was dated the 10th December - this would have meant that the invoice was generated a day before i knew the tiles were even damaged!!:rotfl: they have admittted this was typo, so i;m assuming that the invoice was generated recently and there not very good with dates.

I asked again for the proof and ive been sent a payment transaction form generated on a computer which shows the 11th of december this time, however it is timed an hour after i sent my emails advising them of the 83 damaged tiles.

I have my credit card invoved and they said they will look into it but i'm so fed up with them the tiles were dismal and packaged poorly and of inferior quality, aswell so it just seems they are cowboys taking a month to recollect them and just excuse after excuse.

As they took a month to collect the tiles the credit was not applied to my card until after my payment date, i wont be able to pay this of this month so i mentioned that perhaps as goodwill gesture they could offer to pay the interest charges aswell.

the last email i got was this....

''


I find this all rather extraordinary over 4 tiles.

Its all very simple.
the issue is now closed and Tiles Porcelain will not be spending anymore time working on this minor issue.
I will leave it with you.

Regards

[FONT=&quot]Claire - Tiles Porcelain Limited [/FONT]

''

isplumm

Hi,

I have no idea what you are asking for here .... do they still owe you £50? for the cost of 4 tiles ....

Mark

pmduk

Ask your credit card company when they expect to resolve the matter. Personally I'd leave considerations of court til they've finished their side of things.

stolt

hi yes its the cost of 4 tiles appx £ 55, plus the interedt on my credit card because they took over a month to collect the tiles from me . I will wait for the credit card just seeing what avenues I have if the credit card don't pull through.

poet123

So did you receive 83 or 87 tiles?
Were they all damaged?
Does your invoice equate to the cost of 83 or 87?
Even if you received 87 and only 83 were damaged the other 4 would have been useless so a full refund was due.

Get someone else to get a quote and have it show the cost of each tile so that you have proof of how many you paid for.

If you decide to pursue them for the £55 through the court you will need evidence.

stolt

Hi, I definitely only got 83 tiles, I paid over the phone about an hour after I sent my email advising them of the 83 damaged tiles. It annoys me that they lied to me about them issuing the invoice and me paying against that. They definitely only just raised that invoice. I have proof via two emails that I told them 83, I even said I had some tiles left over so if they wanted them they could come can collect them and they could refund me. They replied they won't and I will have to return them at my cost

poet123

So you got 83, was that what you ordered and paid for, or did you order and pay for 87? Sorry but I am a bit confused, your posts are not very clear.

If you say 83 were damaged and you only got 83, how could you have some left over for collection?

stolt

poet123 wrote: »

So you got 83, was that what you ordered and paid for, or did you order and pay for 87? Sorry but I am a bit confused, your posts are not very clear.

If you say 83 were damaged and you only got 83, how could you have some left over for collection?

Hi, sorry, in the first batch we ordered 114 tiles, when my tiler went to start laying them he noticed that one of the pallets (83) tiles were damaged which the tile shop has agreed with. I phoned the tile shop and advised them that they were damaged and they said that they had never had a whole pallet damaged before, so could I pay a deposit until they collect the damaged ones! as I say I sent them two emails advising of 83 tiles and then I phoned them and they gave me a price over the phone which I paid. I think they misread some handwriting and they thought it was 87 and not 83, as I say I didn't have a invoice until last week.

poet123

OK so if you obtain a quote showing the tile price and compare it to your card statement it it will show you paid for 87, so the question is how do you prove there there were only 83 in the palette.

Firstly, you need a statement from your tiler re this.

If you have some over, i.e not connected to the damaged tiles, then you cannot expect them to collect them, you over estimated so if you want a refund it is up to you to get them back to the store. The two things are not connected imo.

Are they now refusing to re imburse you for the 4 tiles? Sorry to question you so closely, but you know the sequence of events by heart I am sure, and I am just trying to piece it together!!

stolt

i really dont know how i;m going to prove i had 83 instead of 87, i suppose everyone is going to say if they charged me for 87 then 87 would have been sent out.


What i meant having some left over due to cuts etc then they could have 4 out of that lot (i have about 15 left over) i really dont mind as i dont need them, what i was saying was that if they wanted 4 then they could have 4 out of that bunch to let them refund me, but if they were going to collect those 4 why not some others the rest.

poet123

If they have agreed to refund if they are returned I would take them back. If 4 tiles were £55 then the refund on 15 at £13.50 each is worth having.