Local supplier, withhold part payment for shoddy service?

HardBoiledEggsAndNuts

Hey everyone, this is my first post here. I’m looking for opinions on a situation with a local supplier. I ordered 2 products for my home, totalling about £1.4k. When they were ready to deliver (6 weeks), they told me without explanation that only one had been made. Product 1 was delivered, but after it was installed I saw some defects. The supplier had to return to collect the product and repair it, then bring it back a week later. Product 2 was delivered and installed about 3 weeks later. 

My complaint with the supplier centres around the fact that what should have been completed in two home visits ended up taking 5, resulting from forgetting half of the order and poor workmanship and quality checking. Also, for those visits where they were collecting and re delivering the defective product they made appointments which they didn’t attend. The first time I waited through the morning slot before calling them and they rearranged for 5pm. For the second appointment I waited 90mins of a 2 hour slot before being called to rearrange for the end of the day. So essentially rather than two visits I had to make myself available and wait at home for them seven times!

It’s not relevant to the complaint, but I admit I’m being influenced by how patronising and passive aggressive they’ve been in our dealings. When I called because they hadn’t come at the arranged time I got the sense the assistant thought I was quite perverse for expecting as much, and I had to push her into calling him to find out what time he might arrive. There’s only been the very faintest whiff of apology in their manner with me, they have been transparently blasé about me being dissatisfied. Before the sale they were full of help and advice, but their after sale performance has been almost comically bad.

How justified am I in saying I want a discount for the inconvenience and wasted time? I have said they I think they should take off 20% the total (about £300), they have refused and told me to pay within 7 days or they will take action. I’m not someone who ever complains, so I don’t know whether to stand my ground on this or what might happen now. My partner feels like we should hold out, but I think we are on shaky ground because ultimately they have delivered what we wanted.

Thank you for reading! Tell me straight what you think.

Ergates

What was the measurable cost to you (if any) of the missed appointments/mistakes?  e.g.  Do you lose pay because you had to take time off work?

Putting a financial cost on inconvenience is hard and generally comes down to a goodwill gesture - which there doesn't seem to be much of here.   A 20%/£300 reduction would be way over the top, I'm not surprised they said no - and that probably burned any opportunity you had to get anything from them.

amexblue

Sometimes things don't go to plan. Poor communication is never good but I think you're clutching at straws wanting a discount so large when you have ultimately had the goods. Just pay and learn from the experience. Don't use them again or recommend them, make a complaint but I have a feeling the best you'll get is an apology for the inconvenience. I'd pencil it down as a pain in the backside and move on myself.

HardBoiledEggsAndNuts

Ergates said:

What was the measurable cost to you (if any) of the missed appointments/mistakes?  e.g.  Do you lose pay because you had to take time off work?

Putting a financial cost on inconvenience is hard and generally comes down to a goodwill gesture - which there doesn't seem to be much of here.   A 20%/£300 reduction would be way over the top, I'm not surprised they said no - and that probably burned any opportunity you had to get anything from them.

Yes I had to take holiday from work. I appreciate what you’ve said here, I was probably made more angry by their manner than anything else and went too far, I would probably have forgiven the mistakes had they sounded like they cared. I expected better!

HardBoiledEggsAndNuts

amexblue said:

Sometimes things don't go to plan. Poor communication is never good but I think you're clutching at straws wanting a discount so large when you have ultimately had the goods. Just pay and learn from the experience. Don't use them again or recommend them, make a complaint but I have a feeling the best you'll get is an apology for the inconvenience. I'd pencil it down as a pain in the backside and move on myself.

Good advice, thank you for replying. 

Sandtree

HardBoiledEggsAndNuts said:

How justified am I in saying I want a discount for the inconvenience and wasted time? I have said they I think they should take off 20% the total (about £300), they have refused and told me to pay within 7 days or they will take action. I’m not someone who ever complains, so I don’t know whether to stand my ground on this or what might happen now. My partner feels like we should hold out, but I think we are on shaky ground because ultimately they have delivered what we wanted.

So the only head of claim is inconvenience?

How do you justify the £300 as the financial loss you have sustained? 

Read the bottom half of https://www.moneysavingexpert.com/reclaim/delivery-rights/ which is about delivery of parcels but the concept is the same for any appointment that you wait in for but it ultimately comes down to showing what losses you have sustained and that the monies claimed is representative of those losses and not punitive damages (ie not making things equal for you but punishing the company) as punitive losses are not allowed under English law

HardBoiledEggsAndNuts

Sandtree said:

HardBoiledEggsAndNuts said:

How justified am I in saying I want a discount for the inconvenience and wasted time? I have said they I think they should take off 20% the total (about £300), they have refused and told me to pay within 7 days or they will take action. I’m not someone who ever complains, so I don’t know whether to stand my ground on this or what might happen now. My partner feels like we should hold out, but I think we are on shaky ground because ultimately they have delivered what we wanted.

So the only head of claim is inconvenience?

How do you justify the £300 as the financial loss you have sustained? 

Read the bottom half of (link deleted) which is about delivery of parcels but the concept is the same for any appointment that you wait in for but it ultimately comes down to showing what losses you have sustained and that the monies claimed is representative of those losses and not punitive damages (ie not making things equal for you but punishing the company) as punitive losses are not allowed under English law

Thank you. I took three days holiday that wouldn’t have been required had they completed the order in full first time and delivered items that weren’t defective. 

Undervalued

There are two aspects here....

Your legal right to compensation (if any)

and

The likely practical consequence of you simply withholding an arguably justifiable sum

Basically, if you just send them a lower amount "in full and final settlement" with a statement of your reasons, it puts the ball in their court and they will have to sue you if they feel they have a legal right to more. Regardless of the legal rights and wrong will they actually do so?

The popular idea that, if they cash a full and final settlement cheque, it is the end of the matter is largely a myth. It might work with a small company but would depend on whether the person doing the admin was in a position to make an informed judgement. Also they could accept the money in part settlement and try and pursue the rest.

A friend of mine did just this following some shoddy work carried out on their house. The firm banked the full and final cheque then sued for the rest. My friend won but only because the judge agreed the work was of a poor standard. The judge was not interested in the argument that the firm had accepted the settlement and therefore had no claim.

HardBoiledEggsAndNuts

Undervalued said:

There are two aspects here....

Your legal right to compensation (if any)

and

The likely practical consequence of you simply withholding an arguably justifiable sum

Basically, if you just send them a lower amount "in full and final settlement" with a statement of your reasons, it puts the ball in their court and they will have to sue you if they feel they have a legal right to more. Regardless of the legal rights and wrong will they actually do so?

The popular idea that, if they cash a full and final settlement cheque, it is the end of the matter is largely a myth. It might work with a small company but would depend on whether the person doing the admin was in a position to make an informed judgement. Also they could accept the money in part settlement and try and pursue the rest.

A friend of mine did just this following some shoddy work carried out on their house. The firm banked the full and final cheque then sued for the rest. My friend won but only because the judge agreed the work was of a poor standard. The judge was not interested in the argument that the firm had accepted the settlement and therefore had no claim.

Thank you, that’s interesting. I had forgotten cheques even existed. I am coming to the conclusion I should pay this and put it behind me, no matter how irksome. I can always write a Google review to get it out of my system.