Paid BiFold deposit 10 months ago - still waiting for installation

Westminster

I'm looking for some advice / opinion on an issue I have with a small local company.

We paid a £1500 deposit (approx 50%) for a set of Bifolds in June 2016 and since then all I have had is the runaround from the guy about arranging installation.

I've had various stories (including claiming his Dad died - which may or may not be true) and the last contact I had was mid December when he offered a couple of dates in January.

We replied to that email although admitedly it was 3 weeks after receiving it (we have also been very busy due to the death of my father-in-law around that time) requesting some further dates.

I've not heard anything further back.

So I had a look at the Small Claims section on here which was useful and I've put together a pre-action letter using a template on Which?

I'm kind of hopeful that the letter will shock some response from him but I won't hold my breath.

What I'm more interested in now is what others view is on trying to recover a deposit for custom made doors which (according to one of his earlier emails) were manufactured in late July.

Clearly the trust has gone on our part so I don't relish the idea of these doors now being fitted by this company - would this be seen as unreasonable by the court?

Westminster

The text of the letter I just emailed to him (I'm currently out of the country so will post a hard-copy on Monday when I return) is as follows:

Date: 25th April 2017

Dear Mr XXXXXX

Reference: Failure to complete install or return deposit payment

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Further to 2 site visits from you and various email conversations regarding the installation of level-access BiFold doors, on the 26th June 2016 I paid you a deposit of £1500 to your bank account XXXXXXXX (sort XX-XX-XX). To date we have not come to an agreement to arrange a suitable installation despite your initial advice of a delivery date of 1st or 8th of August 2016. You then stated on 12th September 2016 that the doors were ready for installation but due to the recent death of your father there would be additional delays. My last contact from you was 16th December 2016 when you offered installation w/c 17th or 25th January. Since then I have attempted to contact you several times to arrange mutually agreeable dates for installation.

I have come to the conclusion that you are either unwilling or unable to supply and install the doors as per your quote.

From you I am claiming return of the £1500 deposit as paid to your account on the 26th June 2016. This can be by cheque made out to Mr XXXXXXX or by bank transfer to my account number XXXXXXXX (sort XX-XX-XX)

I have calculated this sum without any regard to additional interest payments.

I have an extensive trail of emails on which I intend to rely in my claim against you:

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
• A copy of your bank statement showing receipt of my deposit payment of £1500

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

Because this is getting on my nerves now (particularly as my wife & kids are itching to be able to get in and out of our garden) I decided to initially email the letter before I get home in the hope something will come of it.

The email was worded as follows:

Unfortunately we have not been able to resolve the installation of our doors or the return of our deposit payment.

Consequently - I intend to commence action for recovery of my £1500 deposit through the small claims court process.

In accordance with the pre-action protocol I have attached a letter outlining a summary of the facts along with how I would like the matter to be resolved.

I will follow up this electronic copy of the letter with a hard-copy next week which I will post to your address at XXXXXXXXXXXX.

I trust that this matter can be resolved satisfactorily without the time and expense of resorting to the court.

Yours faithfully

wealdroam

You make no mention of having asked for a refund.

Is this letter your first request for a refund?
If so, I think it is a bit premature to be threatening court action.

I don't believe you have any right to see a copy of his bank statement - even an edited copy.

Westminster

Yes I've previously asked for a refund several times to either be fobbed off or ignored.

Fair point on the bank statement.

[Deleted User]

Westminster wrote: »

Yes I've previously asked for a refund several times to either be fobbed off or ignored.

In writing?

Westminster wrote: »

Fair point on the bank statement.

Make any LBAs short and to the point. Don't waffle.
Do state that you have previously requested a refund, don't ask that he provide documentary proof that you paid.
Did the "Which?" template really include a demand for a bank statement?

Westminster

Yes its all been in writing (email) with the exception of some of the initial discussions about options / colours etc.

The template obviously was generic and I did exclude a couple of the items but the bank statement was all I could think off under the documents you are requesting from the other party.

I'm happy to remove that section when I print out the letter and post it.

As you can probably tell - I've not done this before :-)

[Deleted User]

Westminster wrote: »

Y the bank statement was all I could think off under the documents you are requesting from the other party.

You are demanding a refund, not documentation. As I said, keep any letters short and to the point.
However, you should certainly reference all instances where you have requested a refund and the response.
Actual court action may still be a little premature at this stage, so keep it friendly if possible.

Westminster

All noted.

I'll remove the document request and go back through the email trail to get the timeline correct and will insert the relevant dates in to the new letter.

Thanks for your input.

macman

If they are already made, then he's not going to offer a refund. I think that I would have been asking him back in September to deliver them for fitting by someone else. Could you not still do that and negotiate a price, if fitting was not quoted separately?

Westminster

It may now be resolved - I've been offered some dates in 3-4 weeks time so hopefully all goes well.

Cambie

Was the contract a distance contract ie was contract entered into in your own home?