Do I have any right to with-hold payment?

scotsirish

I'll try to make this short::o

On 18th November 2005 we had new flooring fitted in our bathroom (tiny bathroom but we went for expensive flooring to last and to look good). We were not happy with the finish and fit of the floor tiles (Karndean). (we were not home when it was fitted - my dad was there)

1 - there was no silicon finish round the toilet/walls
2 - there was a tile lifted at the back of the toilet (subsequently fixed)
3 - there are gaps between the tiles - not massive but I can fit my fingernail between the gaps
4 - we were not given the starter pack as promised

We called the company (in November) to explain that we weren't happy - took time off work to let them back in (on 17th Feb!) and the guy only fixed the back tile - claimed he wasn't told about any of the other problems but said he's get someone to phone us - we have never received a phone call. We hadn't however, paid the invoice - and last week were given a reminder. I wrote to the company explaining what had happened and that we were still not happy with the service provided and the way our floor has been left and aksed that the re-invoice us charging only for the flooring and not for the fitting. They have sent back a short reply:
"I refer to the outstanding balance in respect of Karndean Flooring". I understand that all remedial work has been completed and would now appreciate payment of the outstanding amout".

Any suggestions what we should do now? Should I write back again saying that remedial work isn't finished, should I send payment for 1/2 the amount and say they'll get the rest once we're happy or should we cut our loses and pay the bill?

Thanks if you got this far!

startrekker

keep it above board and do write back. If you arent happy then you arent happy, simple as that. Explain what you have said above and tell them that you do not expect to settle the bill until the issues are sorted. I would send it recorded as well in case you need to prove that they received the letter. It shouldnt take them too long to send a fitter out to sort the gaps, Karndean is fitted onto a pressure sensitive adhesive to tiles can be taken up and moved or replaced as necessary. Karndean when fitted properly is a smashing product and you will have paid plenty for it so you should expect a Top finish....

baldelectrician

Give them a chance to fix the problem- legally (remember i'm not a lawyer) you should pay for work done, but if the work is not as described (quality wise) you should pay what you think it is worth (at market rates)

this could work 2 ways- if they go to court (and win) it could cost you more (fees; their time etc)

The most important thing is to be reasonable and fair, give them a chance to put things right (one last time).

Send it recorded or email it- emails are time / date stamped

kat21

I personally feel your just trying to opt out of paying, you should have made sure in a written agreement about what you expect with regards to the installation of your flooring fingernail gaps are quiet normal in some instances for example expansion due to heat yes, perhaps some mastic could be applied to the fingernail gap but I would hardly think it warrents not paying trades men for their work. you need to submit a detailed list of things your not happy with. Once you have submitted your list you must give reasonable time for the contractor to come out and make good the items on your list. You could do a check on the company concerned to see if they are members of any associate industry accreditors and make a note of that. send in your snagging list to the company if it has a head office send it there but registered post. Always send your snagging list in writting and by registered post that way you have proof of your list and keep the recorded delivery slip to prove that you have posted it, in your snagging list include contact information and the best times that your likely to be available for the works to be completed.
kat21

Alan_M_2

There are legal precedences in place for this very kind of dispute, you have had an installation with which you are not happy, you are legally within your right to withold a REASONABLE amount for unfinished items/snagging.

By leaving the entire account unpaid you open yourself to legal recourse which the shop will be entirely within it's rights to take and would likely win.

If however you send a cheque for say, 75% of the invoice amount along with a snagging list explaining the 25% balance will be paid on satisfactory rectification of the work to a reasonable standard, you're in a much bettter postition.

davsidipp

hi alan m what if she pays 75% and they do not come back and the repairs are more then 25%.they would be better of to get another price to put right the work deduct this of and pay the rest.

misgrace

You are within your right to not pay the full amount until the job is completed, if you buy something in the shops, takes it home and it breaks or is not working right you are within your rights to take it back as its not fit for the purpose it was bought.
Your floor wasnt tiled properly, you were out, came back in and saw that it wasnt done right, you paid for a floor and service, and didnt get it, therefore they dont get paid, write them a letter pointing this out.

I did this with a carpet, HSL and thru lounge, every carpet had a fault, and I had to keep waiting months till they came back, so I had enough, and it was a well known carpet firm,'Carpet Right' it took ages but I got a great big discount cause I fought as I was in the right, good luck, dont let them get away with it, too many people are getting shoddy service.