Paid for a garden room that hasn't been delivered

Bardiann

We have unfortunately paid in full (In stage payments via bank transfer) as a condition of delivery for a garden room which was to be our accommodation for the nine months that we are finally allowed to visit our  daughter from our home in Australia.
Despite hundreds of phone calls, texts and emails to the building company they have done nothing and are now ignoring our calls.
We are now desperate as we either need the room or our £14,000returned as we will need it to pay for alternative accommodation. 
Under legal advice we have sent them a Breach of contract letter which they have ignored. 
We don't know what we can do now  and we are hoping for someone to be able to give us information as to our rights in this matter as we are getting no satisfaction .
Thanks for any help

JJ_Egan

LBA  letter before action/ claim , google for templates .

Next stop Small Claims Court .

Unlikely to be quick action if they are ignoring you .

Personally i would engage a solicitor  . but again unlikely to be quick action .

sheramber

Have you checked that they are still trading?

Aylesbury_Duck

If they're still trading, all you can do is a letter before action and then court proceedings, but it will take a long time to see that process through.

If they've ceased trading, your money is gone I'm afraid.  What company is it?

cx6

If they are (were) a Limited Company that has ceased trading then your money has gone. If it is a personal business and you win a case in the court you can see if they have any assets

Bardiann

Thank you for all your suggestions,  much appreciated.  Today we have visited the factory and insisted on a delivery date which is supposedly 17th Jan though not sure how reliable that will be.
Owners wife a most obnoxious, rude person and wonder how t h ey are still operating with the attitude she showed. 
Anyway that is where we stand presently more promises and nothing else. 
Guess we will have to wait until that date before we can do anything  else and in the meantime look for alternative accommodation .

ssparks2003

May I suggest that you follow up your meeting in writing confirming the agreed delivery date of 17th Jan and note that it time is of the essence. This way you will have something to rely on should they fail and you need to go to court 

Silvertabby

I hope you get this sorted, but have to say that £14K for a garden room should have been a huge red flag from day 1.

Even a decent conservatory would cost way more than that.

Aylesbury_Duck

Silvertabby said:

I hope you get this sorted, but have to say that £14K for a garden room should have been a huge red flag from day 1.

Even a decent conservatory would cost way more than that.

That crossed my mind, too.  A basic and small garden room can be obtained for that price (just about), but that would be for something office-sized.  OP said it was for accommodating (at least) two people for nine months.  I wonder if the company have made a serious error in pricing, can't build it without making a big loss and don't know how to deal with the situation?

sheramber

To sleep in a garden room you need planning permission.

Manxman_in_exile

sheramber said:

To sleep in a garden room you need planning permission.

That's what I thought when this thread first appeared a couple of days ago.  I wondered whether "accommodation" might mean something subtly different to an Australian?  I don't see how you could live in a garden room for nine months.  Doesn't it need kitchen and bathroom facilities?  (I honestly don't know but I'd have thought planning permission was a necessity).

Bardiann said:

Thank you for all your suggestions,  much appreciated.  Today we have visited the factory and insisted on a delivery date which is supposedly 17th Jan though not sure how reliable that will be...

I presume the OP's daughter has visited the factory rather than the OP?  Or am I completely misunderstanding.  I thought the OP was in Australia and the factory was in the UK?  I think the OP (or their daughter) needs to ensure that the supplier knows who their customer is - OP or daughter - and who is negotiating with them.

I'm loathe to say anything unhelpful, but I'm at a loss as to why somebody would make "stage payments" without having identifiable progress milestones at each stage?

I agree a letter or email following up the meeting and making "time of the essence" is a must.  It might be helpful to have some idea of what date the room is required for.

(I wouldn't be surprised if the supplier is having difficulties.  Even if they haven't underestimated the job or promised short, aren't there real difficulties in obtaining building supplies at the moment?)