Money owed

RyRob96

Hi People, 

Not sure if this is the right place to post but will give it a shot. 

I am doing a refurb on a property in the north, I came across a suggested carpet shop through “suggested” while scrolling through Facebook. The shop is an independent shop and is rated 5 stars both on Facebook and on Google reviews. 

I decided to visit the shop, was greeted in and decided to go with them to supply and fit the carpet I chose, This came to £1020 and I paid £100 deposit with the remaining balance to be paid 10 days before fitting. 

All is in order and this point and payment made before fitting. On the day of the fitting this is when everything took a turn for the worst, they turned up with 3 different shades of carpet (I have added a picture) and was told by the fitters it’s because they don’t have enough of the carpet we paid for. The fitter told me to ring the shop, I rang the shop and I spoke to the “manager”, he told me he could not do anything as they no longer stock what I paid for. I told him I didn’t want 3 shades and I’ll come shop (15min drive away)

I arrived at the shop where the same member of staff who I originally dealt with was there. He told me he was the manager, I told him I wanted the carpet I paid which was listed on the invoice and if he could not supply that then I would like a refund. His only response was to leave his shop and if I wanted my money back I would have to go through the court, I said this is fine but I would prefer not to. I asked for the companies registered number to which they refused, I asked for the owners details or if I could speak to them, they refused and said “they are busy” at this point I decided to put my phone on record in my pocket and tell him I was recording what he was saying. (I only decided to record as he was swearing and becoming aggressive in his tone of voice). The moment I put the recorder on he began to push me out the shop, I turn to walk out the premises and he decided to struck me in the side of my head and push me from behind. I fell over on the ground outside the shop, I got in my vehicle drive drove away and called the police. 

Now the issue I have is I can’t find them being a registered company, although on the website they offer finance deals through “snap finance”. 

The money was paid by bank transfer, to an individual account.

I’ve searched the surname of the person I paid, there is a female who is listed as a director 10 mins away from the shop and is to do with carpets. 

I have added some photos to this,

Who will I send the letter of claim to?

I’m finding the process very hard.

Any help much appreciated.

cx6

A Facebook Ad and bank transfer is a bit of a recipe for problems I suspect.

Your recourse is LBA then Small Claims Court against the person to whom you paid the money. 

If Billy's is a Ltd Company then you have paid them nothing - you paid a personal account.

If Billy's is the Trading Name of the person to whom you paid the money then you can go after Billy's and if successful go after their assets to get your money.

You need to find out who you paid the money to and what their relationship with Billy's is.

lincroft1710

What did the police do?

pinkshoes

1. Do you have any witnesses of the assault so you can press charges? CCTV in street?

2. I would write a "letter before action" sent with proof of postage to the store giving them 14 days to refund the £1020 before you will take them to court for the money. Stick to the facts in the letter. You ordered on <date>, paid balance on <date> but on the day of fitting they were unable to supply the carpet you had ordered as they no longer had it in stock.

If they don't respond, then you will need to work out exactly who you have paid. 

I don't know where you got the 5* google review from as their google reviews have some awful reviews!

RyRob96

Police are still investigating, although they still have not requested the recording I got. No CCTV on street as is a massive warehouse in industrial estate. Obviously the warehouse has CCTV but not sure if the police has requested that either. 

in terms of Google reviews I think you have Googled Billy’s carpets, I’m not sure Billy’s carpets is associated with who I paid “Billy’s carpets and sofas Carlisle”

also there Facebook page has over 3500 likes with 79 5 star reviews 

so if I am writing a letter before claim am I doing it directly to the person I paid or to the
company on the invoice?

The place has now blocked me and will not give me any information, the last contact I had with them over the phone and they stated the person who assaulted me and I paid has now left. 

If I am writing to the person I paid, how can I if they are claiming he is no longer associated with the business. 

pinkshoes

Your contract is with the business, so send the "Letter Before Action" to the business address.

This "William McCulloch" person was clearly an employee as they had access to their Facebook page and were obviously posting as a company representative, so you paid their "business". If he has done a runner with the money, then they need to refund you, and they then need to chase him for the money. 

robatwork

pinkshoes said:

Your contract is with the business, so send the "Letter Before Action" to the business address.

This "William McCulloch" person was clearly an employee as they had access to their Facebook page and were obviously posting as a company representative, so you paid their "business". If he has done a runner with the money, then they need to refund you, and they then need to chase him for the money. 

I would suggest that William is in fact "Billy" so more than a humble employee. 

redped

I wonder if William McCulloch is related to Billy Mcculloch518 who set up their Tik Tok page - https://www.tiktok.com/@billyscarpetsandsofas?

RyRob96

That’s definitely them on the TikTok!

Alderbank

I have a couple of observations:

1. The description of the carpet on the invoice is not very specific, '3m wide silver Saxony'. Saxony is not a brand, it is a generic name for a type of carpet. Each of those rolls could be described as 3m silver Saxony.
2. Since this was a distance purchase the OP would be able to reject it if the purchase was under consumer law. However the website says
   

'Please Be Aware – To Purchase From Us, You Must Be A Trade Member. Please Ask a Member of Staff How to Become a Trade Member!'

This suggests to me that the firm might be trade only and the contract is B2B, so consumer law would not apply.

RyRob96, are you a 'Trade Member'?

RyRob96

Well I have learnt something there, I just picked what I wanted and that’s what they wrote. 

I am not a trade member nor was I ever asked to become a trade member.