Kitchen company holding us to ransom in 11th hour - pay extra costs now or no fit

annoyedanddismayed3

We are at a loss as to what to do in what is now a complex and messy situation.  Engaged with a Leicester based kitchen company in April 2023 to get quote for new kitchen for new extension build.  Build started in June 2023.  We wanted quotes so we could factor in the cost of a kitchen to the build.  Most companies gave quote and advised that they would not start building kitchen/take money until build complete, which was sensible.  Company we ended up going with originally came in with a £48K quote but dropped and dropped to match another company (promising lots more etc).  Pushy salesman but we liked the product and he was very charming - except the Director stated to ensure that they could fit the kitchen in 2023 we would need to book and pay now (August 2023).  We paid £23K despite concerns (£7K agreed to be paid on fitting and after snags as per terms on their website) and he started building the kitchen before the extension was anywhere near finished, with us expressing concern that we did not think it would fit/what would happen if there were changes in the build etc    Our builders estimated a September finish but we hit problems and was looking more like Feb 2024 finish.  In the interim the said kitchen company also stated they could supply doors and windows cheaply and quickly - this never happened after we gave them £9138 - they delayed and caused a now 9 month hold up on the build with the extension being finished in August.  The windows/doors are a side issue and we are pursuing a small claim on that.  
However, back to the kitchen, we kept company advised at every stage of the build and there was one small design change that meant one kitchen unit would not fit.  We accepted that change was our fault and agreed to pay an extortionate mount of money for the amendment £1800 approx to amend one cabinet).  Company also advised that a pantry/oven cupboard would not fit into an alcove because we had changed the design of the build.  We had not changed the design to the point affecting these pantry cabinets etc; company had failed to take into account a steel supporting beam (clearly in the original plan) but company had built units without taking measurements (concerns which we highlighted to them in August 2023).  Company said pay £4500 approx to amend or no kitchen.  We agreed reluctantly to pay as we have no kitchen (and have a 4 year old) and put in email that we would only pay on delivery and fitting due to our concerns that we had never seen the kitchen and in effect he had £32K of our money if window issue included.  No response received to that email and next email was them with an agreed start to fit w/c 09 Sept. Nothing said about payment/invoices.  Monday 09 Sept came and no contact.  We chased and they confirmed on Tuesday 10 Sept that fit would start on Fri 13 Sept.  We asked for timeframe so we could organise our electrician/plumber to do 2nd fix.  Email yesterday would not confirm timeframe and added an invoice for the amendments to the cabinet to be paid NOW and stated a new schedule for payment of the remaining £7K - £2K when cabinets arrived, £2K when appliances, £2K for surfaces and £1K after snagging contrary to T&Cs on website - we had never seen this schedule of payment.  If this was not agreed he would not come.  We know from other customers that this is his MO (one lady engaged with company in 2019 and still waiting for finished kitchen after he kept adding costs into fit).  We are not the only ones this has happened to - we are reporting to Trading Standards but no response to date.  The Director also stated that we had caused the delay in the fit and that he had to store the kitchen for 12 months.  He also said that he had invited us to see the kitchen several times which we had refused - we refute this as we had asked him to see the kitchen (proof of life etc!) and he said only if we paid him £500 to cover he cost of the viewing!! We declined that as it as throwing good money after bad.  Our last email yesterday was to reluctantly agree to pay the invoice for cost of amending the cabinets on site on Friday morning if he actually turned up as there was serious concerns based on his actions to date that 1) he wold not show and 2) he would just demand more money for something else he considered was needed to fit the kitchen.      He has not responded and we just feel that we are being held to ransom - if we pay we just do not believe he will fit the kitchen or will fit it in a timely manner.  Any help/suggestions would be much appreciated.  

Alfrescodave

Paragraphs would help 

swingaloo

annoyedanddismayed3 said:

We are at a loss as to what to do in what is now a complex and messy situation.  Engaged with a Leicester based kitchen company in April 2023 to get quote for new kitchen for new extension build.  Build started in June 2023.  We wanted quotes so we could factor in the cost of a kitchen to the build. 

Most companies gave quote and advised that they would not start building kitchen/take money until build complete, which was sensible.  Company we ended up going with originally came in with a £48K quote but dropped and dropped to match another company (promising lots more etc).  Pushy salesman but we liked the product and he was very charming - except the Director stated to ensure that they could fit the kitchen in 2023 we would need to book and pay now (August 2023). 

We paid £23K despite concerns (£7K agreed to be paid on fitting and after snags as per terms on their website) and he started building the kitchen before the extension was anywhere near finished, with us expressing concern that we did not think it would fit/what would happen if there were changes in the build etc   

Our builders estimated a September finish but we hit problems and was looking more like Feb 2024 finish.  In the interim the said kitchen company also stated they could supply doors and windows cheaply and quickly - this never happened after we gave them £9138 - they delayed and caused a now 9 month hold up on the build with the extension being finished in August.  The windows/doors are a side issue and we are pursuing a small claim on that. 

 
However, back to the kitchen, we kept company advised at every stage of the build and there was one small design change that meant one kitchen unit would not fit.  We accepted that change was our fault and agreed to pay an extortionate mount of money for the amendment £1800 approx to amend one cabinet).  Company also advised that a pantry/oven cupboard would not fit into an alcove because we had changed the design of the build. 

We had not changed the design to the point affecting these pantry cabinets etc; company had failed to take into account a steel supporting beam (clearly in the original plan) but company had built units without taking measurements (concerns which we highlighted to them in August 2023).  Company said pay £4500 approx to amend or no kitchen.  We agreed reluctantly to pay as we have no kitchen (and have a 4 year old) and put in email that we would only pay on delivery and fitting due to our concerns that we had never seen the kitchen and in effect he had £32K of our money if window issue included. 

 No response received to that email and next email was them with an agreed start to fit w/c 09 Sept. Nothing said about payment/invoices.  Monday 09 Sept came and no contact.  We chased and they confirmed on Tuesday 10 Sept that fit would start on Fri 13 Sept.  We asked for timeframe so we could organise our electrician/plumber to do 2nd fix. 

Email yesterday would not confirm timeframe and added an invoice for the amendments to the cabinet to be paid NOW and stated a new schedule for payment of the remaining £7K - £2K when cabinets arrived, £2K when appliances, £2K for surfaces and £1K after snagging contrary to T&Cs on website - we had never seen this schedule of payment.  If this was not agreed he would not come.

  We know from other customers that this is his MO (one lady engaged with company in 2019 and still waiting for finished kitchen after he kept adding costs into fit).  We are not the only ones this has happened to - we are reporting to Trading Standards but no response to date.  The Director also stated that we had caused the delay in the fit and that he had to store the kitchen for 12 months.  He also said that he had invited us to see the kitchen several times which we had refused - we refute this as we had asked him to see the kitchen (proof of life etc!) and he said only if we paid him £500 to cover he cost of the viewing!! We declined that as it as throwing good money after bad. 

 Our last email yesterday was to reluctantly agree to pay the invoice for cost of amending the cabinets on site on Friday morning if he actually turned up as there was serious concerns based on his actions to date that 1) he wold not show and 2) he would just demand more money for something else he considered was needed to fit the kitchen.      He has not responded and we just feel that we are being held to ransom - if we pay we just do not believe he will fit the kitchen or will fit it in a timely manner.  Any help/suggestions would be much appreciated.  

New user Alfrescodave, bit cruel.

Done the paragraphs for you.

annoyedanddismayed3

First post - wasn't aware of the requirement of paragraphs but thanks for the note.

the_lunatic_is_in_my_head

Hello OP

Sorry to hear, for £32k I'd seek professional advice.

I assume they are an LTD, have you checked Companies House to see whether the company has assets and whether the Director has had any past companies associated with their name?

annoyedanddismayed3

Yes, companies house and assets all checked and in order to pursue a Court claim.  Company currently has one CCJ against them for £2K approx. 

Aylesbury_Duck

I'd get proper legal advice.  There's a lot of money involved, it sounds like a complex situation and you're trying to reach agreement on a kitchen while simultaneously taking legal action against the same company.  The company also recognises you have a track record of paying-up whenever they exert any pressure, so I'm not surprised they're trying it on.  Trying to DIY this is almost certainly going to end in failure.  While you're at it, a solicitor could advise on the already-running court action.  I fear you may end up winning in court but with no prospect of the company actually paying you what you're owed.