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Commission Woes - What are My Rights?

Okay, this is going to take a little explaining, but I need some advice on what rights I can have and how I can proceed with regards to some commissioned work.

First, I just wanted to say thanks to everyone for the advice I've received over the years. You've really helped me out of some right royal messes in the past. :beer:

Anyway...

April
I play a tabletop wargame called Flames Of War with my mates.
But if there's one thing I suck at, it's painting the figures.
So having seen this award winning painting service at various shows, I emailed them for a quote.

It all comes back looking good and I pay them the first half of the commission. You're probably going to bawlk at this, but the total cost (including price of figures) is £1,000. It's a long term investment so I never have to buy or paint anything ever again. So I get asked to pay £500 by bank transfer, which I do.

In the spec I explain:
The paint scheme
That all weapon options are to be magnetised,
so I can swap them about.

May
Regular photos are being uploaded to their Facebook page. And the work looks stunning. But bear in mind that they're only showing the completed vehicles so far.

June
Work in progress photos of the infantry are uploaded to their Facebook page and clearly labelled as Work In Progress.

July Start
The army is completed and I pay the other £500 by bank transfer and the army is shipping to me...and this is where things go wrong.

Based on the quality of the finished models, I assume that all the figures have been properly finished and that the spec has been followed

- all the infantry arrive in a Work In Progress state :(
- none of the weapon options have been magnetised :(
- the army is so poorly packed, it all breaks in the post :mad:

Gutted, I take photographs of everything and email them.

July End
There is some email discussion and the service argues that they were never asked to magnetise figures or given a colour scheme spec.

However, I have kept all of the emails since day 1.

I spend an evening with my Father writing an email very carefully for 3 hours which demonstrates everything I'm saying.

The email concludes demanding that they take it all back and do it properly to spec in the original 8 week time frame or refund me £1,000.

One of the company directors comes back, agrees with everything and personally takes charge of having my figures returned and painted to the spec and magnetised. He tells me that he will be in touch every day until this is completed to my satisfaction.

August
So far, the service has had my army for 3 weeks. I've received 1 email showing 1 figure repainted to the standard specified alongside 1 figure that had not been repainted.

I have emailed them for an update and received no reply as of yet.

I'm just wondering what steps I can take if they continue to offer a very poor service?

As always, I really appreciate any help you guys can offer me.
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Comments

  • Have you tried calling? How long would a job like this likely take?

    Send them a "letter before action" (google or search on this site for LBA templates if you need one) outlining what you would like to be done and by when. Send it recorded delivery (so you have proof it is arrived) giving them a timeframe within which to either do it properly or refund you or you will submit a small claim against them.

    If they do not comply then do it: https://www.moneyclaim.gov.uk.

    Good luck!
    Thinking critically since 1996....
  • bod1467
    bod1467 Posts: 15,214 Forumite
    by bank transfer

    As soon as I read this I shuddered. This gives you little to no protection in terms of recovering your money. (If you'd paid by credit card you'd likely have Section 75 protection; at the very least you'd have Chargeback protection, same as for a debit card payment).
  • I've kind of done that via email already.
    They don't have a phone number.
    Thankfully they have an address that's real and an email.

    I'm going to email them again tomorrow. If no reply, then I'll send a letter in the post and make this !!!! get real.
  • bod1467 wrote: »
    As soon as I read this I shuddered. This gives you little to no protection in terms of recovering your money. (If you'd paid by credit card you'd likely have Section 75 protection; at the very least you'd have Chargeback protection, same as for a debit card payment).

    Surely they can get into trouble for being a company that only takes payment via bank transfer then?
  • somethingcorporate
    somethingcorporate Posts: 9,449 Forumite
    edited 14 August 2012 at 4:09PM
    Bank transfer is fine, you just do not get protection from CCA.

    You cannot do it via email, it is not reliable enough. You need to send it via snail mail to the registered address and keep proof of delivery. Doing "something like it" via email and actually sending a formal "Letter Before (intended legal) Action" with proof of delivery are two different things. Doing it properly will stand you in a MUCH better position when it comes to issuing court action.

    Edit: do they have a website? link us in!
    Thinking critically since 1996....
  • Edit: do they have a website? link us in!

    I'm not saying who they are unless they fail to provide the service that I paid for. You can all tear them to shreds after I take them to court. ;)
  • Good point. Just get on with issuing an LBA. They'll either fix it or not and forcing their hand will make it quicker. You need to provide what would be a "reasonable" deadline, hence my very first question.

    Would 2 weeks be suitable? I'd suggest so but I've no idea how many models you are intending to have painted.
    Thinking critically since 1996....
  • Reasonable deadline would be 8 weeks, because that's what was quoted originally.
  • Reasonable deadline would be 8 weeks, because that's what was quoted originally.

    Maybe from a standing start, yes, but they've already had x weeks so far. I'd settle on 4 or so from the date you send the letter.
    Thinking critically since 1996....
  • quatrofromageo
    quatrofromageo Posts: 130 Forumite
    edited 16 August 2012 at 9:52AM
    Oh man, just go this back from them when I asked about completion time.

    "Yes weekly updates are good as for completion time that depends on how much money i make on a week to week basis is order to feed and house myself as i am doing this project for you inmy own time as and when i can and the same applies to all the guys who work for SERVICE NAME.
    I'm sure you get that bills and food will take a priority."


    Tempted to write them another long, legally worded email with my father.
    Or I could just send them the LBA and start going down the legal route.

    Thing is...if I go down that route, will I get my money back if they miss the deadline?
This discussion has been closed.
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