Section 75 - My rights

Michaela.moores

We had a new UPVC door made and fitted in September 2018, once the door was hung the fitter realised that there was a problem as it would not open to 90 degrees (so not open fully) and told us that a new one would need to be made and re-fitted. We paid a deposit on the credit card. I refused the offer from the company to shampher my internal recess to allow the door to open and insisted that they make a new one with the correct specifications which would give the door clearance from my recess. They had agreed then retracted this offer to remake the door when I asked for an update and told me to seek a door elsewhere. After contacting 3 separate UPVC companies, it was clear that no one else would quote on our door (Goth shaped arched door). We then had to get a quote for someone to make a wooden door (what we had in the first place) and get us back to a position we were in before this UPVC door was fitted. We approached our CC company to claim as breach of contract, and after supplying them with proof that we cannot get a UPVC door, they upheld the claim as in paid us our deposit back and agreed to cover the costs of remedial work.... The CC company obviously contacted this company as the company is now coming back to us insisting on full and final payment. We thought we would pay this to get them off our back via the CC again, but they are refusing payment by any card and want cash or bank transfer. We are at a point of losing the will as I do not think we will have any form of protection if we pay cash. So payment owing £1485, new wooden door £2800 and I can't see how I can claim any of this back.
I seriously need help, they have given us until next Wednesday to pay or will issue a county court claim against us. I do not have the nerves for this. I sought advice from a solicitor who claims my Insurance legal cover would not cover if we went to court as the claim is not proportionate to the costs involved to get it to court.
Any advice would be greatly appreciated as we are so close to the bone with this and feel as though we don't have any rights or anywhere to fall back on...

18cc

The first thing is if possible not to get too stressed or worried I know it is stressful time but try not to let it affect you

I would just tell the company to issue the summons and you will see them in court as it is totally unacceptable not to have a door that opens 90 degrees!

don't be afraid to go along to the court is a very friendly place and you just put your side the case

in some ways it can be quite an interesting experience

you could perhaps try and find someone who would go along with you for moral support they may not of course even issue the court summons as they know they are in the wrong

MEM62

The door supplier is counting on you being stressed and/or panicking in order to pressure you into paying. Do not yield to it.

Based on the information that you have provided it is difficult to see that their claim will succeed. Your defence is that they have not fulfilled the contract and supplied the door. Furthermore, they have stated that they will not supply a door. On that basis how can payment be due.

Whatever you do - do not pay it on a card with the expectation of claiming it back as you are likely to be unsuccessful. The card company is unlikely to look favourably on any claim where you are already in dispute.

System

Hold fast! They are simply trying to bully you. the LAST thing they want is to go to court as they know they would loose. Pay them nothing. They messed up and they know it.

molerat

Where is their door ?

Michaela.moores

Their door is currently in situ on the front of my house. We can’t remove it as if this goes to court, a building surveyor would be required to issue a report, so I have a constant reminder of the door and need to constantly be aware that if we try to push it completely open, it is damaging my plaster and brick work on the inside recess.

Koa

Michaela.moores wrote: »

We had a new UPVC door made and fitted in September 2018, once the door was hung the fitter realised that there was a problem as it would not open to 90 degrees (so not open fully) and told us that a new one would need to be made and re-fitted. We paid a deposit on the credit card. I refused the offer from the company to shampher my internal recess to allow the door to open and insisted that they make a new one with the correct specifications which would give the door clearance from my recess. They had agreed then retracted this offer to remake the door when I asked for an update and told me to seek a door elsewhere. After contacting 3 separate UPVC companies, it was clear that no one else would quote on our door (Goth shaped arched door). We then had to get a quote for someone to make a wooden door (what we had in the first place) and get us back to a position we were in before this UPVC door was fitted. We approached our CC company to claim as breach of contract, and after supplying them with proof that we cannot get a UPVC door, they upheld the claim as in paid us our deposit back and agreed to cover the costs of remedial work.... The CC company obviously contacted this company as the company is now coming back to us insisting on full and final payment. We thought we would pay this to get them off our back via the CC again, but they are refusing payment by any card and want cash or bank transfer. We are at a point of losing the will as I do not think we will have any form of protection if we pay cash. So payment owing £1485, new wooden door £2800 and I can't see how I can claim any of this back.
I seriously need help, they have given us until next Wednesday to pay or will issue a county court claim against us. I do not have the nerves for this. I sought advice from a solicitor who claims my Insurance legal cover would not cover if we went to court as the claim is not proportionate to the costs involved to get it to court.
Any advice would be greatly appreciated as we are so close to the bone with this and feel as though we don't have any rights or anywhere to fall back on...

What's the issue here??? :huh:

You ordered a UPVC door which, for whatever reason, is simply not feasible to produce correctly, as demonstrated by the fact the company you did use messed it up, and 3 other independent UPVC door suppliers won't even contemplate supplying it.

The only alternative seems to be to have a replacement wooden door which would normally cost you £2800,

So £1485 (after the decduction of the deposit you had paid and was refunded) sounds like a super bargain for a nice new door, albeit made of traditional wood rather than plastic.

You already have an agreement that the credit card company is funding any remedial work i.e the new wooden door.

You didn't really expect to have a brand new door worth £2800 for nothing did you?

Koa

Michaela.moores wrote: »

Their door is currently in situ on the front of my house. We can’t remove it as if this goes to court, a building surveyor would be required to issue a report, so I have a constant reminder of the door and need to constantly be aware that if we try to push it completely open, it is damaging my plaster and brick work on the inside recess.

You need to mitigate any loss/damage. But otherwise you already have an agreement for any remedial work to be fully funded by the credit card company, and so if that does extend to plaster and brickwork, so be it.

Michaela.moores

You seem to misunderstand, we got a deposit of £75 back and the company want £1485 (to clear what we would have owed) else they are taking us to court. The door is not fit for purpose as explained about the opening issue. We want a door that works as it should and are prepared to pay for said door as long as it works as is expected and finished to a standard any company would put their name on... so why should I pay the UPVC company who refuse to rectify it and we are forced to go elsewhere?

Michaela.moores

And no, the remedial work the credit card company will pay for us a bit of plaster round the door, not on the recess and certainly does not extend to paying for the new door.

Koa

Michaela.moores wrote: »

You seem to misunderstand, we got a deposit of £75 back and the company want £1485 (to clear what we would have owed) else they are taking us to court. The door is not fit for purpose as explained about the opening issue. We want a door that works as it should and are prepared to pay for said door as long as it works as is expected and finished to a standard any company would put their name on... so why should I pay the UPVC company who refuse to rectify it and we are forced to go elsewhere?

I fully understood what you posted.

You seem to misunderstand my replies. Please re-read them carefully.