with-holding payment due to shoddy work and 1 year on demanding payment

suomirob

1 year ago we purchased blinds and had them fitted from a local blinds supplier. we paid 50% of the cost as a deposit by cheque and this was taken before fitting. When the blinds were fitted the workmanship was very shoddy and they did not meet at either end and ultimately were not as described by the agent. after the fitter had left (with the remaining 50% balance in a cheque) we again inspected the blinds and called the head office who were not at all helpful. we said we would cancel the remaining cheque until a fitter could come round and we could explain the problems and get them rectified. no fitter did turn up. we were asked to send an email to the manager with photos of the blinds which we did right away and never got a response.

for the last 11 months we have heard nothing from the company regarding our missing payment or indeed whether they would rectify the problem. today however i received a voicemail demanding the remainder of the balance. before speaking to the company i would like advice as to where we stand as in effect they have breached their contract and not asked for any payment within an 11 month timescale. any advice would be appreciated.

dazzadub

i think you have to notify them you are with holding money and reason why.

sure someone will be along in mo with more info

suomirob

thanks. yeah we already told them why we were with holding but heard nothing until today.

wealdroam

OP, you really need to put this dispute on a more formal footing.
Whatever your reply, put it in writing.

State the facts as you have told us.

I have to say, why have you waited nearly a year to get this shoddy work put right?

suomirob

as they never contacted us back about fixing the work and not asking for final payment we assumed we were getting them at the deposit price (as some kind of good will) and would of been happy with that. will place on more formal footing, just not sure where as yet. thanks for response

bris

They can sue you on the basis of the cancelled cheque( if they still have it), this is a promise to pay which you broke. You would need to counter sue with your evedince to prove they didn't carry out their side of the contract.

arcon5

bris wrote: »

They can sue you on the basis of the cancelled cheque( if they still have it), this is a promise to pay which you broke. You would need to counter sue with your evedince to prove they didn't carry out their side of the contract.

A contract is also a promise to pay so the cancelled cheque carries no more weight than this.

Op, you need to exhaust all avenues to have them rectify the work.. only then you could get somebody else in to repair them and that would act as your evidence.

Your only problem is, unless you have anything in writing or something they could say you never made a complaint and because of the time passed deemed to have accepted the goods.

Do you have anything in writing?

suomirob

thanks for your reply. yes i have kept copies of all the emails i sent them at the time, including the one which features the photos of the work, as well as those which repeatedly ask for a response from the company. i agree what you say regarding the cancelled cheque but am baffled why it would take them a year to make contact and re open the dispute.

arcon5 wrote: »

A contract is also a promise to pay so the cancelled cheque carries no more weight than this.

Op, you need to exhaust all avenues to have them rectify the work.. only then you could get somebody else in to repair them and that would act as your evidence.

Your only problem is, unless you have anything in writing or something they could say you never made a complaint and because of the time passed deemed to have accepted the goods.

Do you have anything in writing?

bris

arcon5 wrote: »

A contract is also a promise to pay so the cancelled cheque carries no more weight than this.

Yes it does, a cheque can not be denied except for fraud.

DISHONOURED CHEQUE
Under law, when you write a cheque to someone you effectively promise that the cheque will definitely be honoured by your Bank, and if for whatever reason the Bank does not honour the cheque you imply that you will compensate that person in full.
So, if someone’s (it could be anyone – company, customer, friend, family) cheque is not honoured or is stopped by them (for example, by a customer because they are unhappy with the goods or services you supplied to them), you can immediately sue that person and there is virtually no defence that the customer can raise to that claim.
You can claim not only the amount of the cheque, but also interest on that money and payment towards the costs you incur in chasing up payment.

In most cases, where you sue on a cheque in this way, you will get an early judgment against the person or company that issued the bounced cheque, returned cheque, stopping cheques amd unpaid cheque with no need to go through the expense and stress of a full court case.

There will only be a defence to your claim for a bounced cheque in two situations:

If the person issuing the cheque can prove that they received absolutely nothing from you in exchange for their payment, this may legally justify their stopping the cheque. If, however, they obtained even very deficient goods or services from you, this removes this defence from them and you will still get judgment against them The only other defence they can raise is where the contract with you was illegal or you obtained the cheque from them in a fraudulent way.

If neither of these two defences can be raised, your claim will succeed, you will get judgment, and you can then proceed to enforce that judgement if they do not pay you voluntarily.

pinkshoes

Have the blinds since been fixed?

If not, then WRITE to the blinds company, something along the lines of:

Dear <manager's name>,

As per my email on <date>, I am withholding the balance of £X for the blinds fitted on <date>, and will continue to withhold this payment until you send a fitter to finish the job to a satisfactory standard. Please contact me on <number> within 14 days of receipt of this letter to arrange for the fitting of the blinds to be completed, otherwise I will consider the matter closed, and the sum of £x forfeited due to the unfinished work.

Please find enclosed the same photos sent via email on <date>, showing the unfinished poor workmanship.

Kind Regards,

<you>

Equaliser123

You should absolutely not cancel the cheque. They will have an undefendable claim against you.