Advice before small claims court

DullGreyGuy

PeppinPie1 said:

DullGreyGuy said:

PeppinPie1 said:

eskbanker said:

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

This is what I have - 

Section 56 states that if a service fails to meet any of these conditions, the law says the trader must put things right at no extra cost to the customer.  Section 56(2) sets out the right to a refund of services.

Section 56(4) states that a refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

Section 56 is in connection with a price reduction for a service where it's not possible for the repeat performance.

Let's look at an example, asked a seamstress to shorten the length of a dress and the sleeves for a wedding you were flying away for with you picking it up on the morning of the flight. You get there and they've reduce the length of the skirt but made a fixable mess of the sleeves. You cannot give them more time to redo the work because of your flight so would be entitled to claim back for the work not completed properly as a refund. That has to be given within 14 days. 


You aren't claiming under Section 56 but under Section 54 and explicitly looking for damages as per Section 54(7)(a). As others have already pointed out there are no legal time limits in the statute for this section and so will fall to a general "reasonable" test. It's not unreasonable for the company to pass it to their insurers. 

Ultimately its your choice, you can send your LBA and go to court for it but be aware the Judge has discretion on matters like court fees and interest etc and may deem that you were not reasonable in issuing when you did and so refuse to award court fees. You'd still get your damages, if you win, but would be down the issuing (£50) and court (£59) fee

Could I just not go to court here and just wait for the company to (hopefully) pay me?
I’ve already sent the letter as per CAB advice following their template. 

You can, a LBA is a threat not an obligation however some may decide to call your bluff on the threat and not move the thing forward to see if you are going to follow through. 

It's ultimately your call if you give them more time beyond the time limit in your LBA or proceed as intended. The best advice would have been too have held off from sending the LBA until a more appropriate point but its too late for that now. 

PeppinPie1

DullGreyGuy said:

PeppinPie1 said:

DullGreyGuy said:

PeppinPie1 said:

eskbanker said:

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

This is what I have - 

Section 56 states that if a service fails to meet any of these conditions, the law says the trader must put things right at no extra cost to the customer.  Section 56(2) sets out the right to a refund of services.

Section 56(4) states that a refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

Section 56 is in connection with a price reduction for a service where it's not possible for the repeat performance.

Let's look at an example, asked a seamstress to shorten the length of a dress and the sleeves for a wedding you were flying away for with you picking it up on the morning of the flight. You get there and they've reduce the length of the skirt but made a fixable mess of the sleeves. You cannot give them more time to redo the work because of your flight so would be entitled to claim back for the work not completed properly as a refund. That has to be given within 14 days. 


You aren't claiming under Section 56 but under Section 54 and explicitly looking for damages as per Section 54(7)(a). As others have already pointed out there are no legal time limits in the statute for this section and so will fall to a general "reasonable" test. It's not unreasonable for the company to pass it to their insurers. 

Ultimately its your choice, you can send your LBA and go to court for it but be aware the Judge has discretion on matters like court fees and interest etc and may deem that you were not reasonable in issuing when you did and so refuse to award court fees. You'd still get your damages, if you win, but would be down the issuing (£50) and court (£59) fee

Could I just not go to court here and just wait for the company to (hopefully) pay me?
I’ve already sent the letter as per CAB advice following their template. 

You can, a LBA is a threat not an obligation however some may decide to call your bluff on the threat and not move the thing forward to see if you are going to follow through. 

It's ultimately your call if you give them more time beyond the time limit in your LBA or proceed as intended. The best advice would have been too have held off from sending the LBA until a more appropriate point but its too late for that now. 

Unfortunately I was just following advice for CAB which seems to have been vastly incorrect here and has left me in a very uncomfortable position with the moving company.  

Phoenix72

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed

If this goes to court you need to justify your claim for £400. If the original was £200 then you are not going to get £400 because you liked the look of a more expensive one. 

user1977

Doesn't really matter whether the relevant period for payment ought to be 14 days or not - it's obviously going to take you much longer to get it paid via court action.

PeppinPie1

Phoenix72 said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed

If this goes to court you need to justify your claim for £400. If the original was £200 then you are not going to get £400 because you liked the look of a more expensive one. 

I wouldn’t know how much the original floor costs as it was newly fitted before I purchased the house and moved in. I just have the quote to go on for the closest available match replacement floor and fitting

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PeppinPie1

powerful_Rogue said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed

If this goes to court you need to justify your claim for £400. If the original was £200 then you are not going to get £400 because you liked the look of a more expensive one. 

I wouldn’t know how much the original floor costs as it was newly fitted before I purchased the house and moved in. I just have the quote to go on for the closest available match replacement floor and fitting

How many quotes did you get?
Did you also look at companies that carry out repairs rather than replacing the entire floor?
Whats the total size ofnthe flooring and how much of the vinyl was damaged?

Just one as it a local company I’ve had do work before. 

The floor couldn’t be repaired as it’s one sheet of vinyl which had a large tear right in the middle. It couldn’t be patched in and look the same. 

The size was 10m2. 

I’d say the rip tear in the floor was about 10” long and about 6/7” wide. 

Unknown

This content has been removed.

PeppinPie1

powerful_Rogue said:

PeppinPie1 said:

powerful_Rogue said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed

If this goes to court you need to justify your claim for £400. If the original was £200 then you are not going to get £400 because you liked the look of a more expensive one. 

I wouldn’t know how much the original floor costs as it was newly fitted before I purchased the house and moved in. I just have the quote to go on for the closest available match replacement floor and fitting

How many quotes did you get?
Did you also look at companies that carry out repairs rather than replacing the entire floor?
Whats the total size ofnthe flooring and how much of the vinyl was damaged?

Just one as it a local company I’ve had do work before. 

The floor couldn’t be repaired as it’s one sheet of vinyl which had a large tear right in the middle. It couldn’t be patched in and look the same. 

The size was 10m2. 

I’d say the rip tear in the floor was about 10” long and about 6/7” wide. 

Just getting the one quote and the work done isn't really ideal if your taking this to court. 
Normally you get three quotes to show the average price. 

powerful_Rogue said:

PeppinPie1 said:

powerful_Rogue said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed

If this goes to court you need to justify your claim for £400. If the original was £200 then you are not going to get £400 because you liked the look of a more expensive one. 

I wouldn’t know how much the original floor costs as it was newly fitted before I purchased the house and moved in. I just have the quote to go on for the closest available match replacement floor and fitting

How many quotes did you get?
Did you also look at companies that carry out repairs rather than replacing the entire floor?
Whats the total size ofnthe flooring and how much of the vinyl was damaged?

Just one as it a local company I’ve had do work before. 

The floor couldn’t be repaired as it’s one sheet of vinyl which had a large tear right in the middle. It couldn’t be patched in and look the same. 

The size was 10m2. 

I’d say the rip tear in the floor was about 10” long and about 6/7” wide. 

Just getting the one quote and the work done isn't really ideal if your taking this to court. 
Normally you get three quotes to show the average price. 

As I said earlier I am autistic so this was a very very stressful time for me moving house so I just got the work done right away so I could unpack things for that room to use it and not have stuff left around the house.

born_again

PeppinPie1 said:

I have not contacted my insurer as I didn’t think I would need to. I paid the fee to get the floor replaced myself and assumed I would just get that money back when the moving company reimburses me. 

I didn’t think I would need to claim on my insurance the day I owned the house and increase my premiums next year..

Many Ins co will have agreements with companies to do work for them. Sadly you may have jumped the gun a bit here. In taking on yourself to replace the flooring, rather than wait for their insurance to deal with.

Given the mention of finding on facebook, are they a limited co or a one man & a van type? & do they actually have any insurance cover for damages?