Handed over deposit, now nothing...

alyson22

Any help as what to do next greatly appreciated -

Ordered 2 pieces of bespoke furniture, handed over deposit of £350 directly into bank account nearly 10 weeks ago on the 9 Oct '12. Was told, via email that it would take 4/6 weeks to finalise order after they receive my deposit that they would acknowledge.

Lots of communication before hanging over money then afterwards......... very little.

No response when calling to their mobile nor when leaving voicemails. Their landline not working. Sent another email 17 Oct. Get a response then, he is away on his birthday bash in Poland and will contact me next day on his return. No response next day but receive an email a week later. Promises to send me photos of furniture progress (didn't) and asked for my mobile number (didn't call).

8 Nov, I query AGAIN how my order is progressing. Next day he gets back to me again promising photos and querying part of the order we had discussed and agreed upon. Right from the start I said I wanted the furniture in metal, now he talks about wood!

Send more voicemails..... no response.

21 Nov - Email I will visit the workshop, immediate response. Mobile 'gone down', will pick it up in 2 days time and send photos over weekend. Goes into long description about what has been done, much of what I had not requested. Also mentions one piece not yet assembled. That they will be delivered between 10/14 Dec!!

22nd Nov - I email him back and ask for PROOF, photos he promised or to return my deposit. No response.

27th Nov - I email him that unless I hear from him, via phone by end of next day will contact Trading Standards Officer.

Has never called me back once. Has never sent me any images he promised on various occasions. Has mentioned design features I have not asked for. Has not returned my deposit. It's been 10 weeks now...

Naturally no furniture has been delivered!!!!

Can I mention this company??

unholyangel

Providing what you've posted is accurate, you should never be afraid to name a company.

As for your dilemma, personally I would write him a LBA (letter before action) and send it recorded delivery. Giving him 14 days to either deliver the furniture or refund your deposit. Keep your letter simple. Paid x amount on x date on basis of furniture being delivered within 4-6 weeks, no delivery etc. You could even say that you are requesting just a refund since he has failed to perform his side of the contract as agreed.

wealdroam

And just add a couple of lines to the LBA described by Unholyangel saying that if he doesn't meet your demands within 14 days you will use the small claims court to recover your money.

OP, what did trading standards have to say when you spoke to them?

unholyangel

wealdroam wrote: »

And just add a couple of lines to the LBA described by Unholyangel saying that if he doesn't meet your demands within 14 days you will use the small claims court to recover your money.

OP, what did trading standards have to say when you spoke to them?

Doh! Meant to advise the OP to google for a LBA template......obviously I forgot Not even 8pm and it feels like 2am, i'm getting old :rotfl:

PhylPho

unholy angel: :rotfl: Then again though, I've forgotten why I'm laughing. Must be age.

OP: Citizens Advice has a template here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court/letter_before_action.htm

but I'm unsure about the wisdom of all this guff about alternative arbitration: when something sounds like a duck and quacks lilke a duck, it generally is a duckin' fraudster. Telling someone that you're amenable to doing all kinds of stuff other than getting what you ordered right now, or your money back right now (right now being within 14 days) seems indulgence of the most self-defeating kind.

alyson22

... thank you all for the response. Have also sent this query to the Citizen's Advice Bureau (via the TS site) and just waiting for their response.

Have no idea what he thinks he is going to get out of this... that I will just walk away! So stressful but in saying that it was great coming in here and feeling my being proactive is supported:)

...... as said, what walks like a duck, looks like a duck etc.... most likely is a duck!!!!!

P.S. I have all my correspondence with him, via email, saved, thankfully, so no despute as to what was agreed.

alyson22

... here is the individual who thinks it is appropriate to just make promises and not carry through, makes silly excuses (is away on holiday, has problem with his mobile!!), keeps my deposit, never calls me back after countless voicemails, said the furniture would arrive on such-and-such a date, now just ignore me....

I hope this information comes up on a 'google' search so others may step back if they want to do business with this company and reflect if it is a good idea.

Certainly has not been for me!!!!!!