Advice for unsatisfactory goods/unpaid invoice

Sarcrai

Hi there,

I’m looking for some advice on where I stand legally here as it’s a bit of an odd situation and I’m not sure what to do. In summer 2019 I ordered some made to measure goods for my house. Upon arrival and fitting, half of the goods were very poorly made, not up to standard and the fitter agreed to have them remade for me. On that day I paid 50% of the final bill to the sum of £400. Weeks and weeks went by and I didn’t hear back from this company. Fast forward to December 2019 and we have decided to move house which will be happening in the next two months. Low and behold I have just started receiving phone calls and letters telling me that I need to settle the remainder of the invoice and the replacement goods have arrived and are waiting to be fitted.

My question is, as I have not physically received and fitted the goods, am I under a legal obligation to pay the remainder of the invoice or have the goods fitted in the first place? Or can I continue with my house move and disregard?

Thank you

davidmcn

Sarcrai wrote: »

am I under a legal obligation to pay the remainder of the invoice or have the goods fitted in the first place?

Assuming there was nothing in your contract about timescales and the company are ready to fulfil their side of the bargain, I don't see why you wouldn't be obliged to pay the invoice.

Sarcrai

Thank you, at the time of the original fitting, the fitter told me I would be in receipt of the new goods within a fortnight but it was a verbal agreement so I have no proof of this unfortunately and instead it took months and I have been living with the faulty products since that time. It just feels particularly frustrating that now I’m moving they’ve decided to get back in touch. I won’t get any use of these products and will have to pay £400 for the pleasure which I really cannot afford with moving costs in top.

Aylesbury_Duck

Perhaps you could explain the situation and agree some sort of payment plan over a couple of months rather than all in one go. As davidmcn says, unless there is a clause in your contract that permits you to withhold payment if goods aren't ready in a certain time, you owe them the money. A polite request to phase payment over a couple of months in the circumstances might be well received, given that they've waited this long already to have the products ready.

If you ignore their requests, you might find yourself on the receiving end of legal action.

Sarcrai

Thank you for responding, that’s what I was afraid of, I certainly don’t want to involve myself in any legal action. I haven’t yet taken receipt of the replacement goods - but they have now arrived with the supplier. I guess this boils down to really poor customer service and not a lot else I can do other than complain about how long it’s taken. I won’t be using the company again either way. The time scale wasn’t contracted and I have no way of proving that conversation happened. It’s just very disappointing.

pinkshoes

I would tell them that you a will happily pay the balance once the new blinds are fitted and are of a satisfactory quality.

Tell them that as you are about to move house, the blinds need to be fitted within 7 days.

Surely you had he money set aside from before?

the_lunatic_is_in_my_head

I would point them to:

http://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and

and as they failed to do so:

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

24Right to price reduction or final right to reject
(1)The right to a price reduction is the right—
(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and
(b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(5) (c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

powerful_Rogue

Did you contact them between the original fitting and when you received the email saying they are now ready?