Breach of Contract

XCloverleafX

Thank you for taking the time to read my issue and hopefully I can get some help as I am distraught.

This is a very long story which I have tried to shorten.

• In August I arranged an appointment for the design of a new kitchen, I received an email confirmation of the price and fitting date which was booked for November.
• I also arranged for underfloor heating and new flooring through the kitchen company.
• October I received an email asking for a deposit and cash was preferred!
• I paid the deposit and a few days later received increased floor fitting costs which were originally £1,260 but increased to £2,700.
• Looking at the quote I received regarding the flooring and underfloor heating which I noticed it had another persons name and address included in the reference. The amount of flooring was also incorrect to my requirements as I only need 40 sqm of flooring and the quote was for nearly 60. This quote is for £2,535.42 yet I was being quoted £2,721.
• After I received the increased quote for fitting the flooring I got another company round for their opinion and they told me if the flooring had been fitted as they were proposing the underfloor heating would never have worked as they had not suggested insulating under the floor boards. Building control were also called regarding signing off the extension which highlighted other work that needed to be done. In light of this I requested to cancel all works including the kitchen.
• At this stage I sent an email request to cancel. The kitchen company called me after this to inform me I could not cancel the kitchen as it was in production but the other works had been cancelled.
• I informed them of the data protection breach and also that one of their company numbers on their letterhead sent to me referenced a bankrupt company (previously there company under a different name)
• I received a reply telling me this was a bad move!
• I then requested a copy of the Terms as I was unaware I had been given any Terms. I have since found that they were printed on the back of the order form, these were never pointed out to me.
• I resigned myself to the fact as I had unknowingly signed the terms I would have to go through with the kitchen purchase so I emailed asking for an invoice.
• I then received an email stating they had cancelled production.
• I received a cancellation price and price for receiving just the cabinets and doors. I stated in the final email of this trail that I will be seeking legal advice. The cancellation price was nearly half the price of the kitchen.
• I then receive another email stating the kitchen will be delivered mid-December.
• I inform Trading Standards of the data protection breach and wrong company number on the letter head.
• Trading Standards email after visiting to state no criminal activity has occurred and they have offered to store the kitchen at no charge for 6 months and not increase the price of the kitchen.
• As I haven’t heard from them I assumed they had the kitchen delivered and stored so I emailed them on Monday asking when it would be available.
• I then receive an email stating the price will need to be adjusted as costs have increased!

I do not want to proceed now and wondered whether as they cancelled production they are actually in breach of the terms and conditions and I can claim my deposit back which is over £4,000.

Aylesbury_Duck

XCloverleafX said:

Thank you for taking the time to read my issue and hopefully I can get some help as I am distraught.

This is a very long story which I have tried to shorten.

1. In August I arranged an appointment for the design of a new kitchen, I received an email confirmation of the price and fitting date which was booked for November.
2. I also arranged for underfloor heating and new flooring through the kitchen company.
3. October I received an email asking for a deposit and cash was preferred!
4. I paid the deposit and a few days later received increased floor fitting costs which were originally £1,260 but increased to £2,700.  
5. Looking at the quote I received regarding the flooring and underfloor heating which I noticed it had another persons name and address included in the reference. The amount of flooring was also incorrect to my requirements as I only need 40 sqm of flooring and the quote was for nearly 60. This quote is for £2,535.42 yet I was being quoted £2,721.
6. After I received the increased quote for fitting the flooring I got another company round for their opinion and they told me if the flooring had been fitted as they were proposing the underfloor heating would never have worked as they had not suggested insulating under the floor boards. Building control were also called regarding signing off the extension which highlighted other work that needed to be done. In light of this I requested to cancel all works including the kitchen.
7. At this stage I sent an email request to cancel. The kitchen company called me after this to inform me I could not cancel the kitchen as it was in production but the other works had been cancelled.
8. I informed them of the data protection breach and also that one of their company numbers on their letterhead sent to me referenced a bankrupt company (previously there company under a different name)
9. I received a reply telling me this was a bad move!
10. I then requested a copy of the Terms as I was unaware I had been given any Terms. I have since found that they were printed on the back of the order form, these were never pointed out to me.
11. I resigned myself to the fact as I had unknowingly signed the terms I would have to go through with the kitchen purchase so I emailed asking for an invoice.
12. I then received an email stating they had cancelled production.
13. I received a cancellation price and price for receiving just the cabinets and doors. I stated in the final email of this trail that I will be seeking legal advice. The cancellation price was nearly half the price of the kitchen.
14. I then receive another email stating the kitchen will be delivered mid-December.
15. I inform Trading Standards of the data protection breach and wrong company number on the letter head.
16. Trading Standards email after visiting to state no criminal activity has occurred and they have offered to store the kitchen at no charge for 6 months and not increase the price of the kitchen.
17. As I haven’t heard from them I assumed they had the kitchen delivered and stored so I emailed them on Monday asking when it would be available.
18. I then receive an email stating the price will need to be adjusted as costs have increased!

I do not want to proceed now and wondered whether as they cancelled production they are actually in breach of the terms and conditions and I can claim my deposit back which is over £4,000.

Crikey, a bit of a mess.  I've numbered the points which might make it easier for me and others to refer to specific points.

4. would have been the right time to cancel, given the price discrepancy
5. isn't a data protection breach and doesn't add anything to your case, so drop that one. The difference between someone else's quote and yours isn't relevant, either.  It's a mistake, but it hasn't cost you or the other customer anything.  Using it as leverage is clumsy and has got their backs up, precisely when you really need some cooperation.
7. possibly correct, if the items are being built to requirements, rather than being supplied from a list
8. see 4.
9. what exactly did it say?
10. your negligence I'm afraid, not theirs
12. seems to conflict with 7. They either couldn't cancel production or could.  It sounds like they stopped as soon as they could to minimise your costs, which seems reasonable.
16. Trading Standards seem happy with all of the above, which doesn't help you.  The retailer's offer seems reasonable here.
18. The price for what?  Just the cabinets and doors?  They can't do that because they're the bits they've produced already!  If you want the full kitchen now, then the rest may be subject to a price increase which is reasonable because you cancelled it and are now effectively a new customer for the rest, above and beyond the cabinets and doors.  Presumably the costs for the other stuff and the fitting will have gone up, which is fair.

They only cancelled production because you instructed them to do so, didn't you?  Whether or not you can claim your deposit back will be determined by the precise circumstances and the wording of the contract.

XCloverleafX

I did request to cancel it but they refused, they then emailed me to state they had halted production. I had another builder round after the price increase of the floor and they stated if they had done the work the underfloor heating would never work the way they were proposing. I lost all confidence then and after realising they had 2 bankrupt companies behind them after checking the wrong company number from the letterhead I did not trust them. 

I got told the kitchen could not be cancelled and then they halted production so they cancelled it not me.

Aylesbury_Duck

It's very messy and ultimately, since you paid by cash so there's no route through a card company, your best bet is to send them a letter before action, setting our exactly what sum you want refunded, and for what.  Give them 14 days to respond and then take them to small claims court.  If it does go to court action, you're going to need to be very clear on the exact course of events, when you emailed them, how they responded, etc.

The bankruptcy bit is a concern.  Even if you're successful at court, they may not be able to pay or may simply shut down the company to avoid paying.  It's possible that's what's behind the two previous bankruptcies.

XCloverleafX

I have contacted my home insurance as I have legal cover with that and they will take on if I have a 51% chance of winning, I have everything crossed now.

DB1904

XCloverleafX said:

I have contacted my home insurance as I have legal cover with that and they will take on if I have a 51% chance of winning, I have everything crossed now.

And on paper the company have means to pay.