I want to check I'm doing the right thing

Alion

Thank you in advance for reading and responding.

I have made an order for a laminate worktop which was incorrectly fulfilled. The pattern used is not the one I requested. On delivery (Monday) I rejected the goods and sent them back with the delivery driver.

The pattern code has the same numerical code in it but different letters before and after the numbers. The descriptions of the patterns are also different. My order (email) clearly states the correct code and description as does the invoice (email) and receipt (hard copy, posted).

I was doing very well with my contact and we had a good communication line to try to resolve the issue. He offered me another worktop design as a replacement but none of the ones offered were in the style of my order and won't go with my kitchen. We discussed a full refund. He said he needed to get his boss to approve this.

At this point I stopped being able to contact him. He'd say he'd call back after an hour and would not. When I called him he was always 'on another line' and would call straight back. So last night (Wednesday), after two days of non-contact, I put my request for a full refund into writing (email), stating that time is of the essence as we have been left without a usable kitchen.

This morning I received an email from accounts stating that they couldn't refund as it was a custom order and they couldn't send it back to their supplier. Also that they couldn't refund for my mistake as I had ordered the wrong code.

I responded stating the code I had ordered, the fact it was on my original email and on the invoice and receipt (code and description) and the code that they had delivered. I asked that the issue be escalated within the company today and that someone would get back to me today.

I think this has been a genuine mistake on their part (we've all had days where we've not read things properly and made little mistakes) and that my original contact may not have actually told his boss of the mistake he made (hence going quiet and then a different person contacting me).


My questions are:

1) am I going about this the right way? I've tried to stay calm and stick to the facts and nothing else. I've also changed to email so that I have a record of what's going on. Should I be communicating by post? I've never been in a situation like this before.

2) what do I do now? They have my money and the product. I've looked through all the information on this site and it looks like I'm in the right based on the fact goods should be 'as described' and I have full documentation that they're not. What do I do if no-one gets back to me?

3) what do I do about getting a worktop? The original contact informed me they cannot fulfil the original order as they don't have the right equipment to bond that material. I don't have this in writing though, he said it on the phone. I have found another company who can fulfil the order and they're working up a quote for me at the moment. I don't want to confirm the order though until I know that I will be able to get my money back from the first company, but I need to get a kitchen back in place. What's the sensible approach to take? I can carry the cost for a few months if that's how long this takes but I'm scared I'll end up out of pocket if they find some way to complete the order a few weeks/months down the line and I've already got the order elsewhere - can I insist on a refund?


I'm also 7 months pregnant so it's really important to me we have a usable kitchen when baby comes. I haven't pulled this card with them, I want to keep to the facts but it influences what we can do.

Thank you so much if you made it through that. I wanted to make sure I had all the facts there. And thank you in advance for any help you can offer.

MamaMoo_2

How did you pay? If by debit or credit card, do a chargeback.
You have it in writing that you ordered the correct item and the fault is that of the company.
If they do not refund you, go via the bank.
Anything they say about custom made goods is irrelevant as SOGA still applies, and the item is clearly not as described due to them ordering the wrong worktops.

Alion

Annoyingly I didn't pay by card as I was trying to time the delivery to be a day I was in. Very annoying as I'm normally so strict about it.

MamaMoo_2

Alion wrote: »

Annoyingly I didn't pay by card as I was trying to time the delivery to be a day I was in. Very annoying as I'm normally so strict about it.

In this case, write them a "letter before action" (a quick google will throw up some templates) stating the issues, and giving them say 7 days to issue a refund, else you will take them to court. If they don't refund, then take them through the small claims court.

forgotmyname

If its a custom order and they cannot send it back tell them to deliver it?
You need it urgently before your fitter runs out of time to complete.

Where does having the material to bond it come into play? Laminate worktop? Its chipboard with a laminate coating.

Who did you order from?

MamaMoo_2

forgotmyname wrote: »

If its a custom order and they cannot send it back tell them to deliver it?
You need it urgently before your fitter runs out of time to complete.

Where does having the material to bond it come into play? Laminate worktop? Its chipboard with a laminate coating.

Who did you order from?

The OP doesn't want it delivered as the company ordered and sent the wrong worktops, and now the company are saying they cannot supply the originals...

Valli

As Mama Moo says, send a Letter Before Action. Also keep and retain copies of all paperwork (print out NOW or cloud them) and record who said what, to whom, when and by what method (ie in a phone call...) so that you have a 'diary' of events in the event it does go to court.

In your LBA include this...

Should you fail to (refund/replace - whichever remedy you now want) within (timescale) of this letter I shall issue a claim in the small claims court for my costs incurred thus far and any addtional charges incurred in the interim including the cost of bringing the court action.

In other words it will be to their financial advantage to settle now as the cost to them will go up. The ideal result is for them to settle on receipt of the LBA, just because it would be quicker for you. Send it by recorded delivery. Keep the receipt as you will add the cost of that to your claim, too.

If it were me I would be ordering the preferred worktop elsewhere. You should, eventually, be fully refunded as you have the evidence of what was ordered.

As an aside, do have a record of the one they tried to deliver, with the wrong code/description? (The delivery note?) If so, save that, too.

Alion

wow thank you all for your quick responses. I have not heard from them yet (and previous days have shown that the phones are not answered after 4pm so I guess that's today over).

I will write a letter before action and send it recorded delivery as you state, and I'm just sending all my emails to the printer now to make a little file. I'll try to remember exactly what got said on the phone Monday-Tuesday and log that. Is it worth doing a couple of print screens of my call logs on my phone to show when we talked?

Who do I address the letter to? I don't know who's in charge of the business and can't find a name on the website. It's a small company.

As an aside, do have a record of the one they tried to deliver, with the wrong code/description? (The delivery note?) If so, save that, too.

I don't have a copy of the delivery note but I saw it and it was identical to my receipt and showed the same code. The code difference only came up once I got on the phone and queried the incorrect delivery. All their paperwork showed the correct code (the one I ordered)

I'm so sad it's come to this as I really think it was a genuine mistake they made and I do like to support small local companies.

Valli

Alion wrote: »

wow thank you all for your quick responses. I have not heard from them yet (and previous days have shown that the phones are not answered after 4pm so I guess that's today over).

I will write a letter before action and send it recorded delivery as you state, and I'm just sending all my emails to the printer now to make a little file. I'll try to remember exactly what got said on the phone Monday-Tuesday and log that. Is it worth doing a couple of print screens of my call logs on my phone to show when we talked?

Who do I address the letter to? I don't know who's in charge of the business and can't find a name on the website. It's a small company.



I don't have a copy of the delivery note but I saw it and it was identical to my receipt and showed the same code. The code difference only came up once I got on the phone and queried the incorrect delivery. All their paperwork showed the correct code (the one I ordered)

I'm so sad it's come to this as I really think it was a genuine mistake they made and I do like to support small local companies.

yes, do the phone log thing.

I'm not sure to whom the letter should be addressed, if you have no name address it 'To whom it may concern' as that will cover all bases.

esuhl

Alion wrote: »

Who do I address the letter to? I don't know who's in charge of the business and can't find a name on the website. It's a small company.

The "Managing Director"...? Hopefully it'll find the right place.

The Courts Service has a website where you can instigate a small claim against someone (or a company). Even if you don't want to do this online there's a fair bit of information about the first step in the claims process, so it might be useful reading:

https://www.moneyclaim.gov.uk/

pinkshoes

Random question, but if the pattern used is not the one you were sent, where did you see this pattern (in the shop?) and are you basically saying that you ordered worktop XXXXX and were sent YXXXY? And that they can no longer supply you with XXXXX?

Definitely go ahead with the LBA and make sure you state everything in it clearly. How much was it?