Howdens is turning into Hells Kitchen, do we deserve compensation?

cyclonebri1

Milee_S wrote: »

Thanks ccdc for your excellent reply. Although what you have outlined it the bitter truth, I guess we have to accept this situation and move on. Our builder has been really understanding about this situation though, and luckily has not charged us extra for the additional delay caused by Howdens delivering the wrong kitchen.

Unfortunately, as you have said, there is not much more we can do here..

He can't charge you extra, he ordered the units

adamg

Doozergirl wrote: »

But it wouldn't match the itemised quote.

but the quote from howdens would not have been itemised for example the quote would say

BFD5198 Burford 600 Highline Base Unit

but the delivery note would say
RKC1002 600 Highline carcass
hkc0198 hinges x 2
hkb1131 t bar handle
dfr3432 600 burford cream door.

adamg

DirectDebacle wrote: »

Howdens agreed to supply specified goods on a certain date and received full payment in advance.

They failed to fulfil their contract. If the builder or the OP have suffered loss (as a result of Howdens breaching their contract) they are entitled to seek compensation from Howdens for any such loss.

It is entirely up to the OP how far he wishes to take this and has up to 6 years to make a court claim. Therefore no need to rush into making a decision.

but Howdens have never entered into a contract with the OP. Howdens terms and conditions if you ask for a copy probably advise you not to book your tradesmen until all items are there and bear no responsibility.

Doozergirl

adamg wrote: »

but the quote from howdens would not have been itemised for example the quote would say

BFD5198 Burford 600 Highline Base Unit

but the delivery note would say
RKC1002 600 Highline carcass
hkc0198 hinges x 2
hkb1131 t bar handle
dfr3432 600 burford cream door.

The handles are always separate on the quote, but I understand you.
Being trade, we also understand how to check them, don't we?
Because we know how they're put together. Which means we can check it before we start work. Like the OPs builder could have taken some responsibility and checked that that the order reflected the required design and the delivery was right before he started.

DirectDebacle

adamg wrote: »

but Howdens have never entered into a contract with the OP. Howdens terms and conditions if you ask for a copy probably advise you not to book your tradesmen until all items are there and bear no responsibility.

This is irrelevant. All the OP asked was if he could make a claim.

If Howdens have caused the OP loss then the OP can claim compensation from Howdens. Whether that claim is successful or not is another matter.

Scale_Rule

Why would the OP pay Howdens in the first place? You are employing a builder / kitchen fitter to install a trade only sale kitchen.
The tradesman orders and receives the kitchen, gets 30 days on an invoice. That gives him a month to fit it and sort out any issues before he is even worried about the OP paying him.
Never pay upfront for something someone else is getting on a line of credit.

pinkteapot

OP - my mum's new kitchen has just been finished, SIX MONTHS later than it should have been following a catalogue of errors on the part of Wren Kitchens. So, I feel your pain and understand the stress it causes.

The problem is that, regardless of whether your contract is with your builders or Howdens, legally you can only claim money from someone if you have demonstrable financial losses. For example, loss of earnings if you had to take unpaid time off work. You can't legally claim money for hassle and stress.

My mum has just followed Wren's complaints process and they've offered her £300. Not a huge amount considering her kitchen fit went on from March to October, but she's accepting the offer as she has no actual financial losses.

OP - if you do have financial losses and get no joy, you can give it a go through the small claims court. Sounds like this would be an action against the builder rather than Howdens. But, as I said, you can only claim for financial losses which you can clearly prove.

adamg

DirectDebacle wrote: »

This is irrelevant. All the OP asked was if he could make a claim.

If Howdens have caused the OP loss then the OP can claim compensation from Howdens. Whether that claim is successful or not is another matter.

Ok lets make this REALLY SIMPLE for those that cant understand my answer NO THEY CANT MAKE A CLAIM THEY HAVE NO CONTRACT WITH HOWDENS

adamg

Scale_Rule wrote: »

Why would the OP pay Howdens in the first place? You are employing a builder / kitchen fitter to install a trade only sale kitchen.
The tradesman orders and receives the kitchen, gets 30 days on an invoice. That gives him a month to fit it and sort out any issues before he is even worried about the OP paying him.
Never pay upfront for something someone else is getting on a line of credit.

your presuming they have a credit account

DirectDebacle

adamg wrote: »

Ok lets make this REALLY SIMPLE for those that cant understand my answer..

I understood your answer. It is erroneous, which is why I corrected it.

Please explain why you believe that if another causes you loss you can only claim for that loss if a contract exists between you?