Small claims court action

forreg00

I have recently had a new bedroom fitted with turned into a nightmare. The contract was agreed with an installation time of 3 to 4 days. During fitting we had to sleep in the living room hemmed in by clothes racks. Following removal of the old units the company contacted us to say they had not started manufacture of the new units which would take approximately 7 days. I said I would like to discuss the matter with the MD, I tried to contact him by phone and letter which has been totally ignored .
The bedroom was eventually competed 7 days later than agreed.
I want to take this matter to court for compensation with regard to the upset and inconvenience suffered.
Is this a valid case?

thanks
forreg00

wealdroam

forreg00 wrote: »

I want to take this matter to court for compensation with regard to the upset and inconvenience suffered.
Is this a valid case?

thanks
forreg00

Only if you have quantifiable losses.

I don't think the small claims court deals with 'upset and inconvenience' type of claims, but I could be wrong.

Have you seen MSE's Small Claims Court guide?

Have you already paid in full?

McKneff

Wealdrom is correct, small claims doesn't cover this.

Have you asked the company direct for some compensation.

If not, do so.

As for taking them to any court, there is always the chance that you will lose, only then will you be out of pocket and it could happen.

Then you would have their costs as well as your own. Do you really want to risk it.

forreg00

I have written to them, itemising the grievance and asking for a nominal sum £200 in compensation ( the original cost was £5000), we had to pay before work was started, we had previously used this company and were happy with their service. I am angry that they have totally ignored me especially as we said we were going to place a further order with them which obviously they have now lost

McKneff

I really don't think that £200 is out of the way to be honest.

Keep plugging away, See what they reply with and let us know.

Good luck to you.

Prothet_of_Doom

So they took longer than expected ? Did they do a decent job ?

Did you have an penalty clause, or a bonus award for on time completion?

Yes, No, No and No. Tough. But you get to NOT recomend them to friends which will cost them about 15 jobs they won't get, which they'll never know about

(I recomended a builder to 5 people and over the next 5 years 3 of them had work done by him, and I guess recomended him to others. So I guess by doing a good job, and on time, made him £45K extra work with no advertising)

forreg00

They eventually did a decent job however its the lack of apology that's really hurts. They will get a damning comment on their facebook page and also scathing comments when people ask for a recommendation for a bedroom company

OlliesDad

Personally, I wouldn't say that 7 days late is that bad (not good, but not terrible). Was it really that upsetting?

bod1467

I think the problem here was they dismantled the old bedroom and THEN told the OP that the new stuff hadn't even started to be made!

bris

Personally I think you are just looking for a hand out and being spiteful, mainly because I cant see why you slept in the living room, wouldn't it have been easier to sleep in the empty room.

You knew there was a delay so why cram yourself into the living room when you have an empty bedroom.

The small claims court don't deal in inconvenience, only actual losses you can prove.

Voyager2002

forreg00 wrote: »

I have recently had a new bedroom fitted with turned into a nightmare. The contract was agreed with an installation time of 3 to 4 days. During fitting we had to sleep in the living room hemmed in by clothes racks. Following removal of the old units the company contacted us to say they had not started manufacture of the new units which would take approximately 7 days. I said I would like to discuss the matter with the MD, I tried to contact him by phone and letter which has been totally ignored .
The bedroom was eventually competed 7 days later than agreed.
I want to take this matter to court for compensation with regard to the upset and inconvenience suffered.
Is this a valid case?

thanks
forreg00

It doesn't cost anything to send them a "letter before action" which is what you need to do before bringing a case before the courts. I would imagine that they would answer such a letter, probably with some kind of apology and perhaps a box of chocolates.

At the end of the day, getting the case heard in court would cost something like four hundred pounds in various court fees. IF you were to win then the judge would have the option of ordering them to pay your fees, but since the basic amount claimed is lower than this the judge might well not do so.

Do bear in mind that you have ended up with a decent piece of work, so things could have been a great deal worse.