Blind installation failure to turn up

Anur

HI This is regarding a company charging me for no work done. need to filll a defense Court case

Can some one help please
thank you

a.turner

Anur wrote: »

HI This is regarding a company charging me for no work done. need to filll a defense Court case

Can some one help please
thank you

The full story would help.

kazwookie

What happened

Have you been charged but work not carried out?

Have you contract them to find out what happened, and when they are coming or putting right what is wrong?

We need more to help you

Anur

Thank you so much. yes I was charged for the work that was not carried out all.
I was looking for blind installation companies on the dec 22 and started calling up companies on the morning of saturday 22nd

I made a call to company at around 11 and got a quote for 105 pounds for two blind installations. I further made few more calls and got another quote from seemingly different company and whilst I was talking, got a call from earlier company and asked if I wanted to go ahead with booking the installation on the same day arriving at 2 and was told that Engineers were being fast booked so I needed to hurry. I said Ok but asked if they could come early by 2pm and they said yes.

It also happens that the call i was on is the same company as the guy who called me whilst on the phone. They have different numbers and I got these from google. In any case I booked the installation for 2pm that day and was asked to give the card details and was told no money would be taken until the work was done. After the taking the card details the guy told me that it was booked for 2pm that day. before hanging up he told he will send an email a copy of the booking. THE BOOKING WAS CONFIRMED ON THE PHONE.

I waited for the guy until 3.30 and called the company to see where the engineer was. I was told by the customer service guy that the engineer will be late and was not sure when he would be wiith us. I told him I cant wait indefinietly and asked if I could cancel the installation as Ihad to go work and my family to christmas dinner that evening. . At this point customer service told me that if I cancel now i would have to pay 50 pounds for cancellation. I told him that it was not my fault that he didnt turn up when I was given certain time. I told him i was not willing to lose 50 pounds and hung the phone angrily. Customer services called me at 4.30 and asked if I wanted to go ahead with the cancellation and pay up 50 pounds, I said I dont want to lose 50 pounds for nothing. He told me that the engineer will be late by another 30 mins and was not sure when he would get to place and that he would not be able to give any specific time. I told him I ll wait for some more time and reiterated to him that I had to go to work, my husband and giirls would have to leave for christmas dinner and that I would not be able to allow any one in after 6 due to our mother who is 87yrs old. We waited until 7.00 pm and no one turned. up. I received a call at 7.28 pm from the engineer to say that he was at the door. I told him no one who could answer the phone was home and that we cant have any installation at that part of the night.

The next day I received a call from the customer service to say that I needed to pay 105 pounds. I got angry and told then not to call or email me

The following day ie monday I received a email from them that they were going to deduct 105 pounds from my account. I responded to that email saying that I will report them to police if they ever called or emailed me and this was plain harrassment.

I checked my account immediately to see my account has already been debited by 105 pounds at around 10.30 am.
I tried calling the person who emailed me but I couldnt get throught to her as she was either at lunch, not at desk. This happened 3 times after which we gave up. I contacted natwest and asked if they were able to help biut were asked to wait with unitl transaction was through and get in touch after new year. Please note that I gave the card details and confirmed the booking by phone for 2pm that day. Natwest bank then investigated the case reversed the payment.

Now the company has gone to small claims court and I filed the acknowledgement of service.
Now I have to do the defense form.


Please advise
many many thanks

Aylesbury_Duck

Summary for those not wanting to wade through all the extraneous detail:

OP booked blind installation, requesting a visit by 2pm and was told that was ok.
Company took card details and planned to charge once installation complete - £105.
Company didn't turn up by 3.30pm so OP called to cancel, was told there was a £50 cancellation charge, so OP hung up.
Company called again at 4.30pm, OP said they had to be in and out by 6pm.
OP leaves for a meal at 7pm, company turns up at 7.30pm to find no one at home.
Next day, company calls demanding £105. OP tells them to go away.
Next day, company emails OP to tell her £105 will be deducted from her card. OP threatened to call the police.
Company deducts £105, OP can't get hold of company.
Natwest reversed the charge.
Company pursuing the debt through small claims.

Oh, and you don't need an "engineer" to install blinds any more than I need a cabinet maker to sharpen a pencil. I'm not saying it doesn't require some skill and training, but needing an engineer is pushing it....a lot.

tacpot12

Defence is that you didn't agree to pay a cancellation charge (you weren't told about it), and that the company is in breach of contract because you make their deliver dependent on time. You made them aware that "time was of the essence" and they accepted the contract on basis the engineer arrived by 2pm. (Ideally you should have made the deadline the time you needed to leave by but a judge would understand that doing so might have caused the 'engineer' to rush.

Were you told how long the installation would take?

onomatopoeia99

Aylesbury_Duck wrote: »

Oh, and you don't need an "engineer" to install blinds any more than I need a cabinet maker to sharpen a pencil. I'm not saying it doesn't require some skill and training, but needing an engineer is pushing it....a lot.

Everyone's an engineer nowadays if you read this forum. Broadband not working? Ring up your ISP to talk to an "engineer". No hot water? Get an engineer in, though they used to be called plumbers. Sky TV dish not working? They'll send an engineer round. Washing machine leaking? etc etc. People have even started to call mechanics in garages engineers. Building an engine doesn't make someone an engineer ...

I have an engineering degree and use many of the principles in my work, but since I never went chartered, I'm not an engineer. But apparently if I read from a script on an ISP helpline I would be.

Anur

Thank You tacpot 12. They said it would take an hour to couple of hours

Thanks

Aylesbury_Duck

onomatopoeia99 wrote: »

Everyone's an engineer nowadays if you read this forum. Broadband not working? Ring up your ISP to talk to an "engineer". No hot water? Get an engineer in, though they used to be called plumbers. Sky TV dish not working? They'll send an engineer round. Washing machine leaking? etc etc. People have even started to call mechanics in garages engineers. Building an engine doesn't make someone an engineer ...

I have an engineering degree and use many of the principles in my work, but since I never went chartered, I'm not an engineer. But apparently if I read from a script on an ISP helpline I would be.

Absolutely. It ought to be a protected title because proper engineering is pretty much one of the most difficult and demanding subjects to study and calling anyone who does something technical an engineer completely devalues the genuine profession.

What next? Bartenders being called chemists because they make the odd mixer or cocktail? After all, we've already named coffee shop staff after legal professionals....:D

Kiran

Aylesbury_Duck wrote: »

Absolutely. It ought to be a protected title because proper engineering is pretty much one of the most difficult and demanding subjects to study and calling anyone who does something technical an engineer completely devalues the genuine profession.

Amen to that!


I know of a supermarket that used to employ "shelving replenishment engineers"

Anur

can someone help me prepare the defence
Thanks a lot