What to do next: Debt Collection Agency or Court Claim

GraceWindsor

We would be so grateful for any advice. Last summer (August 2020) we ordered a prefab garden pod and to date have paid 78% of the money owed - stupidly none of this was on a credit card. 

After 5 promised and cancelled delivery dates starting in November 2020, we were given a date in March 2021. They asked us to pay the balance of the amount owed (less a 5% completion sum) ahead of delivery.

We said we were not comfortable doing this after all the cancelled deliveries and agreed with the company, in writing, that we would pay half of the invoice and the other half once the pod arrived and was unloaded. We asked that the owner call us on the day so we could pay.

The lorry arrived but the supplier had not hired the correct machinery to unload over the prepared access to our house. Late that evening we received an apologetic email saying it would be sorted the next day.

The next day the team returned and attempted to deliver, using an alternative access route (which they were fully aware needed careful management due to its size and proximity to neighbours) to our property and so upset our neighbours that they threatened to call the police. The owner of the company (who was not on site) recalled the pod to their workshop promising to come up with a solution.

We did not pay the second half of the invoice as the pod had not been delivered.

They then chased us hard for more money, which we paid under protest as they would not confirm a new delivery date until we did so. He confirmed in writing a new delivery date approx. a month later. The Friday before delivery was due, he again confirmed delivery was booked and going ahead that following week.

This day came and went without any delivery or communication. We contacted the 3rd party instal team, which he had told us had been booked, who had neither been booked nor heard from him since the aborted delivery.

We issued a 14 day notice letter saying that due to the failed deliveries, they were now in beach of their contract with us and asking that within 14 days, either the pod was:

1. Delivered
2. He refund us the amount we paid in the last instalment and we would arrange collection and delivery of the pod ourselves
3. That we receive a full refund

A week later, after we chased him, he then contacted us to say he had been on holiday and would contact us the next day. No mention of the promised and missed delivery.

Yesterday we received an email saying that he holds us responsible for the failed delivery and will be invoicing us an additional £8000 and that we are in breach for not paying all of the delivery invoice. They will not rearrange delivery until this is paid and that there is now a 16 week lead time for delivery.

We have spent a considerable sum of money (over £25,000) and time both as a direct result of the money we have paid the company and the cost and time spent physically preparing for delivery and reparation after each cancelled/ failed delivery.

Our question is: based on the above would anyone have advice on wether we should now go straight to a Debt Collection Agency or if we should put in a Court Claim (as the sum owed is over £10,000 we would not be eligible for Small Claims).

Thank you so much in advance.

pbartlett

you may well fail - other examples include people ordering sofas that cant be fitted through the front door etc

it is the customer's responsibility to ensure that items can be safely delivered before they order.

they seem.to have tried to deliver it down an alternative route but that was unsafe as witnesses by neighbours threatening to call the police.

neilmcl

Debt collection agencies have no teeth, especially when there's no CCJ in place for the debt. You'll need to take this to court, and if successful get the judgement transferred up to the High Court for enforcement.

GraceWindsor

pbartlett said:

you may well fail - other examples include people ordering sofas that cant be fitted through the front door etc

it is the customer's responsibility to ensure that items can be safely delivered before they order.

they seem.to have tried to deliver it down an alternative route but that was unsafe as witnesses by neighbours threatening to call the police.

Thanks so much. We have a safe and viable route thank goodness which was pre agreed with them- it was just on the day they brought the wrong machinery that was unable to unload (despite a site visit) which remains perfectly viable..

pbartlett

ah ok then it seems like you are ok on that score if the 'normal' access is enough

also it seems like they had a site visit and thus were able to plan in advance and notify you of any problems.


however it does seem like they are trying to use this as an excuse for not being able to deliver.

i agree with above - court then bump.up to high court for enforcement if you win

pinkshoes

I would send them a "Letter Before Action" giving them 14 days to deliver the pod at the agreed price, or issue a full refund of £X.

Do NOT pay anything else. It is not your fault they failed to follow the agreed delivery procedure that was discussed before purchase. Do you have this in writing?

If they do not refund or deliver, then start the court procedure. They will then become for all costs associated with this, and it can be taken to high court for enforcement given the amount. 

GraceWindsor

Thank you everyone who replied. Really helpful to get your feedback. We have submitted a Money Claim online as the 14 day period following our 'Letter Before Action' has passed. Wishing you all a good afternoon  

Flight3287462

The meantime I would be checking the company is up to date with all its filings with companies house.