Can I refuse to allow bullying courier to complete job?

Kathymel

Hello. I had a recent delivery go wrong in that the courier failed to arrive in the pre-arranged vehicle that would have been able to access my drive and the goods (kitchen units) had to be left a mile away in a neighbour's barn. I refused to give the driver the balance of the fee and told him I would contact the owner of the firm to re-negotiate the delivery.

I emailed the owner to suggest some solutions but, instead of trying to cooperate, he bombarded me with emails full of intimidating threats. These included both police involvement and his returning to confiscate the goods. Hours later said he would return with an appropriate vehicle if I would pay the balance first. I refused. He has since posted various defamatory things on Facebook and shared my profile and address on to groups with a warning to avoid me. He is now threatening to take me to court for the balance - £75.

I know a reasonable amount about my rights and have written an email to him detailing his breach of contract as well as his breaches of the Data Protection Act and Defamation Act on Facebook. He was also unwise enough to heavily imply, by email, that his driver would lie for him in court. I have thanked him for this email and said I will send it to my solicitor should the need arise.

My question is this. If he now decides he is prepared to complete the job, do I have to accept? Is there a law that covers breakdowns in business/customer relationships like this which allows me to tell him where to go, should he change his mind?

Thanks for your time on this. Kathy

arcon5

LOL
This company sounds like a bunch of idiots.
Screenshot all these messages.

I'd also consider going to the police to see if they would have a word with him about posting your personal info online. They may not but if they do it might shut them up.

I doubt a judge would think it unreasonable to refuse a remedy at this point, but hard to say. Usually you'd need to give them reasonable opportunity to remedy the breach. But I suppose it could be argued that you initially gave them this opportunity by contacting them and they acted in a contrary manner

Or you could just ignore them and hope they go away.

Keep any contact objective, don't get involved in an angry exchange (easier said than done)

cookie365

And make sure you tell the company you ordered the units from, assuming that's the scenario.

They won't want their image being tarnished by these diamond geezers.

Bantex_2

What type of special vehicle was required and why?

unholyangel

If you's agreed the balance was due upon delivery then he can't now change that without your permission.

Kathymel

Thanks for your replies.

Arcon5, I have all screenshots of all messages and posts on FB.

I did log a call with the police when he was threatening to come back and get the units, but they weren't really interested as it's a civil matter unless he actually does it.

I tend to agree with you about the judge.

Bantex, it needed to be no larger than a Transit as I have a very narrow drive. They turned up in a Luton.

Angel, he tried to say that I had changed the contract by sending them to my neighbour's and that I had received delivery of the goods. Can't find a rolly-eyed smiley.

forgotmyname

Bit puzzled as to what payment your witholding? Is it just the delivery charge?

Who arranged the courier?

Kathymel

The payment is half the delivery fee - half up front, half on completion.

Bantex_2

Kathymel wrote: »

The payment is half the delivery fee - half up front, half on completion.

Do you have a direct agreement with the courier, separate from the purchase of the kitchen units?

Kathymel

Yes. The matter of the payment is not what I am asking about, though. I know my rights when it comes to that area.

DaveTheMus

Kathymel wrote: »

Bantex, it needed to be no larger than a Transit as I have a very narrow drive. They turned up in a Luton.

Lazy delivery drivers really get to me........

What was to stop the guy parking at the bottom of your drive and either carrying or wheeling the units to your property!