Blind installation failure to turn up

the_lunatic_is_in_my_head

Anur wrote: »

the_lunatic, to answer your second point
An email was sent to confirm the booking.

Hi Anur, can you copy and paste that email here (removing any personal details) and tell us the name of the company (you are allowed to say so here).

Anur

Thank you for choosing to use
We can confirm your booking details as:

JOB DETAILS
Client Address:


Call Reference
Order no:
Date Received:
Received By:

Scheduled Date & Time: 22/12/2018 14:00:00

Please note our appointments are scheduled in advance for arrival
within one of the following time slots.

AM (8am -12pm)
PM (12pm - 5pm)
Evening (After 5pm)

If you would like an update regarding our expected arrival time
please contact our scheduling department via email at
[email]enquirie /email] or cal. We will do our best
to assist but cannot offer any guarantees due to the nature of our
work.

If you have booked an AM or PM slot but our arrival runs into our
overtime charge rate (see our rate card published on [u
.uk), or if your work extends into the overtime charge rate, you
will be afforded two full hours of work at the standard charge rate
and then charged accordingly at the overtime rate for any
subsequent time on site.

Problem: #Please attend site to install blinds to bay windows as
directed by client.Visit chargeable at ?85+VAT for first hour then
?42.50+VAT per half hour thereafter if required. +materials+vat
[/email]

---

Handyman Charge Rates:

There is a minimum 1 hour charge, part half-hours worked are
charged at the full half-hourly rate.
Normal Hours (8am-5pm Mon to Fri (excl Public holidays)) ?42.50
+VAT per half hour +Materials and Material collection charge of ?50
+VAT where appropriate.
Please be aware that any works starting or continuing after 5pm
will be at Out of Hours rate- ?52.50 +VAT per half hour.


Any works between 9pm - 6am will be at Late Night rate- ?80.00 +VAT
per half hour.



Please call to confirm Bank Holiday rates.

---

Should you wish to cancel your appointment please do so via
telephone as soon as possible.

Cancellations made less than 24 hours (but more than 2 hours) prior
to the start of an arrival time slot, will incur a ?10 + VAT
cancellation charge, cancellations made less than 2 hours ahead of
the start of an arrival time slot will incur a ?50 + VAT
cancellation charge.

On cancellation you will be issued a cancellation number, please
retain this as proof of cancellation as if an engineer arrives on
site and no proof of cancellation is provided the visit will be
charged at the full half-hourly rate dependant on trade, with a 1
hour minimum charge.

---

Please note that reports from surveys and inspections can take 7-10
working days to be issued due to internal quality control reviews.

Please be aware that any required remedial works may be completed
during our visit to conduct a gas safety report, boiler service or
electrical inspection and will be charged in addition at the
relevant half hourly rate. Alternatively an estimate will be
provided.

In the event that a customer is not on site at the start of the
appointment time, a charge will be made based on our standard half-
hourly rate for the relevant trade to cover the period of any delay.
Should we be unable to carry out work for reasons beyond our control
(e.g. your treatment preparation has not been completed, access
problems, incorrect information provided, power supply, etc.) then
we reserve the right to charge at our standard half-hourly rate for
the relevant trade. NB - 1 hour minimum charge applies to both of
these eventualities.

Please remember that when booking in ongoing works following a visit
by an engineer, this must be done direct with our Call
Centre for your guarantees and our insurance to apply. Any return
booking appointment must be made direct with the Call
Centre or you are at risk of being uninsured and without the
.co.uk Guarantee" on the work.

Please note that materials are charged in addition, suppliers close
at 5pm and only basic van stock is carried. For parts that are not
carried as part of our standard van stock but are available within
our large network of suppliers we charge a fixed material collection
fee of ?50+VAT. Specialist parts that require significant time
sourcing and collecting will be charged on a time-spent basis as per
our standard rate card. This is however a rare occurrence and you
will be advised in advance if any extra charges will apply

Please be advised that payment is due on Completion of our visit.
You may pay by Cash or Cheque on site, however if we do not receive
payment on site then payment will be processed from the card details
provided on booking.

You will receive a paid invoice confirming receipt of funds within
7-14 days.

---

If any of the above details are incorrect please do not hesitate to
contact us on 0844 884 1180.

Full terms and conditions can be viewed on our website http://www



Ph. 0870 8998 810
Fax. 0870 8998 811


Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.

DoaM

Edit your post to remove the Call Ref as that can identify you (to them).

a.turner

DoaM wrote: »

Edit your post to remove the Call Ref as that can identify you (to them).

I can't imagine they've had many blind cancellations.

tacpot12

The terms and conditions sent to the OP via email are not the terms that the OP agreed to. They should never have been sent to him as they didn't apply to the contract and so sending them out just confused matters.

Paul_DNAP

I love how their terms and conditions appear to be mostly made up of ways they can add extra charges onto the customer, and very little about them promising to turn up when they said they would.


What a bunch of charmers.

the_lunatic_is_in_my_head

Anur wrote: »

Scheduled Date & Time: 22/12/2018 14:00:00

Please note our appointments are scheduled in advance for arrival
within one of the following time slots.

AM (8am -12pm)
PM (12pm - 5pm)
Evening (After 5pm)

Given they turned up after 7 (I assume your phone has a record of the time they called to say they was at the door) I would say that bit there is your get out clause, if you Google legalbeagles there is a forum there where people may be better suited to helping you with court papers/process.

Are you in the Chessington area (assuming from the phone numbers in the email it was Aspects)? If not as you are a consumer and they a business I believe you can apply to have the hearing at your local court.

Also have they sent a letter beforehand telling you they are going to take court action, if they didn't this won't stop the process but may be a little in your favour in court. My very limited understanding is they are less likely to be awarded costs (should they win) if they didn't notify you of their intention to pursue the matter via the small claims process.

Anur

thanks you they did send the papers.

Anur

hi please can one help with preparing the defense
thank you

Anur

Hi I am posting my draft defense here which kind of lacks professionalism.



1. The Defendant received the claim from the Counyt .................

2. Each and every allegation in the Claimants case is denied unless specifically admitted in this Defence.

3. This claim appears to be for ...... carried out by .........

4. It is explicitly denied that any work was undertaken out by ......................

5. It is admitted that .......... service was requested on the phone and Claimant agreed to do the job.

6. The Defendant does not recall any terms and conditions being explained on the phone for the said appointment.

7. The Defendant did receive an email confirming the time and date that was agreed upon.

8. The terms and conditions that followed the email do not apply to this particular appointment as it was made the same day for same day work.

9. The Claimants have failed to keep up the appointment. Therefore no work was carried out

10. The Claimants however charged Defendant the following day.

11. Defendant lodged a complaint with ...............

12 ........bank upon Investigation and Claimants failure to provide evidence have reversed the payments to the Defendants.


13. The Claimants statement of case states that invoice relates to completed multiskilled work. This is a completely false statement and I respectfully request the court order the Claimant to provide all the emails and phone call records which clearly will show that no work was ever undertaken.

14 .It is denied that any work was undertaken and any money owed to the company.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

Does this look ok , pls let me know