Double glazing small claims court (against me)

R088IE

No order (although he believes there was a verbal agreement to proceed as stated in his previous email). Nothing signed. No T&Cs. 

Jenni_D

In which case he's going to have a hell of a time trying to prove his case.

If it was me I'd send him a "bring it" response. (Phrased more subtly than that - perhaps referring him to what would have been the outcome of Arkell v Pressdram)  

R088IE

I had to Google that. I wasn’t disappointed 😝

Manxman_in_exile

R088IE said:

...In April 2021, I visited the business’s showroom to view the display windows, discuss possible cheaper alternatives and talk about various options (finishes and colours etc.) However, due to the 8 month period between receiving the original quote and the unforeseen material supply issues caused by the pandemic at the time meant that the prices would need to be slightly revised. 

While I was there arrangements were made for their surveyor to visit my house to measure the existing windows and doors. Which did happen a couple of weeks later. 

...

I'm trying not to sound overly critical or judgmental here, but why did you - presumably - agree to what you must have realised was a second survey?

We don't know what went on in terms of discussion at the shop in April 2021, you clearly believe you agreed to nothing but the retailer believes you had agreed to proceed - so much so in fact that he arranged a second survey to get detailed measurements that he knew he'd be charged for.  He'll argue along the lines that he wouldn't have arranged that if you hadn't agreed to buy...

Manxman_in_exile

R088IE said:

...

As Manxman_in_exile and Ergates have both mentioned, it looks like he does consider the first visit both the ‘survey & quote’. I would still disagree with that though based on their language, the first visit was always referred to as the ‘quote’ and the second the ‘survey’. 

Of course the retailer believes that!

You said in your first post that you had got a quote of £11000 for replacing your doors and windows.  THAT was your free quote.  How do you think the retailer was able to provide that quote without first surveying your property? 

You got your free survey when your builder arranged it on your behalf back in 2020.  You got your free quote when your builder relayed to you the figure of £11000.

If you were concerned about the fact that prices had risen since the quote was done in August 2020, you should have discussed that with the retailer and decided how to handle.  I don't think you are being reasonable in arguing that you had never had your original free survey and quote in the first place

Where you may have an argument is on the question of whether you had agreed to the purchase and whether ior not there would be a charge for the survey if you did not proceed.  That argument might have some legs, but the "free" survey and quote argument detracts from it in my view.

R088IE

Thanks for giving me your take on it. I definitely take onboard the points you make.