Hillary's blinds, formal claim

Jimmygg7

I got a visit from a Hillary's salesperson back in Dec-23. She took measurements from my windows, and we decided on an order. She mentioned 2 weeks if I'm not mistaken for the installation. She said she had an excellent fitter. Who came and measured a few days later.

When the time came for the fitting, the fitter was nowhere to be seen. I contacted the salesperson and she apologised and said that she was on Jury Service and that she would return my call asap. That didn't happen.

I kept calling her the next few days and then she texted me apologising saying that she got COVID after that. She said she would call me asap.

Then I texted her and said that my installation date was now due, and she asked whether this was a valid date. She said that she was looking after her grandson and was surprised that the fitter didn't come. Nothing happened.

I called her again a few days later asking whether the fitter had contacted me. He hadn't.

This kept going for a while until I contacted Hillary's. To cut the long story short, it got escalated, and they said that the blinds were in the fitter's lockers and that they'd have to call a special service to get access to the locker, and in the meantime, they'd try to find another fitter.

The whole thing took 3 months to finish. During this, I had paid a 50% downpayment and I never paid the other 50%, because their service and communication were appalling, and I had to take extra days off work to stay at home and wait for the fitter who never came.

Eventually, another fitter came and fitted them.

Now, they sent me a claim form for the other 50% + interest, that says:

....including 11.76 interest pursuant to the Claimants contractual Terms + Comditions Rate 4.5% pa from dates ....etc.

To start with, I don't have a contract from Hillary's in my inbox, just a receipt, and I don't remember signing one either.

Second, I am inclined to return the form and fill in the Defence and Counterclaim and state that I don't think I received the service I paid for, stating the facts. Would this be valid?

Thoughts?

mr_stripey

Did the blinds get fitted, eventually?

Jimmygg7

mr_stripey said:

Did the blinds get fitted, eventually?

They did, yes. I've edited the original.

the_lunatic_is_in_my_head

How much were the blinds OP?

Jimmygg7

the_lunatic_is_in_my_head said:

How much were the blinds OP?

The total cost was £1170.

the_lunatic_is_in_my_head

Jimmygg7 said:

the_lunatic_is_in_my_head said:

How much were the blinds OP?

The total cost was £1170.

Sorry to add, was the blinds and the installation priced togther or was there a breakdown, (i.e £1000 blinds £170 fitting) and if so how much was the fitting?

Jimmygg7

the_lunatic_is_in_my_head said:

Jimmygg7 said:

the_lunatic_is_in_my_head said:

How much were the blinds OP?

The total cost was £1170.

Sorry to add, was the blinds and the installation priced togther or was there a breakdown, (i.e £1000 blinds £170 fitting) and if so how much was the fitting?

No worries. No, it was the price for everything, no breakdown.

Aylesbury_Duck

Jimmygg7 said:

To start with, I don't have a contract from Hillary's in my inbox, just a receipt, and I don't remember signing one either.

Second, I am inclined to return the form and fill in the Defence and Counterclaim and state that I don't think I received the service I paid for, stating the facts. Would this be valid?

Thoughts?

You do have a contract, your account of what happened is evidence of that.  You don't need to have a signed piece of paper or an email for a contract to exist.

I wouldn't state the service wasn't provided because again, your account says it was.  You clearly do owe them something.  You're not entitled to a 50% discount just because their service was terrible and what should have been done in two weeks took three months.

I'd counteract with a suggestion for a reasonable amount - perhaps half of the amount outstanding - in recognition of their poor service.  If you keep it civil and sensible, I suspect they'll settle for something of that order.  

Alternatively, if you're adamant you have no contract and you won't pay the remaining sum, have them wind the whole thing back, remove the blinds and refund you.  What you're not entitled to is to keep the fitted blinds and not pay for them.

the_lunatic_is_in_my_head

Jimmygg7 said:

No worries. No, it was the price for everything, no breakdown.

Thanks OP

Where a contract includes installation and there is an issue with the install you can seek a remedy, ultimately to treat the contract at an end, but that is something you must action which I don't believe is possible now due to the contract having been performed (i.e blinds installed, presumably to a satisfactory standard).

Where goods are sold with a service but not itemised this is known as a transfer of goods (rather than a sale of goods), this does require the goods not to be central to the contract and it may very well be that the blinds are.

I believe where a contract is a transfer you can seek a price reduction for a breach (such as failed installation agreements) but I think IMHO £585 would be considered too great an amount given the circumstances. 

Jimmygg7 said:

Eventually, another fitter came and fitted them.

Now, they sent me a claim form for the other 50% + interest, that says:

What happened in-between these two events OP? Did they send demands for payment, did you have any discussion with them regarding pay a reduced amount?

Did you recieve a letter in the post informing you they would take this to court?

Other posters will know more on how to check but have they actually filed a claim or just sent you a filled in form as a sort of bluff?

Grumpy_chap

It seems as though the OP is dues to pay the original sum in full (£1,170).
If they pay that (or the remaining balance of that) promptly, the interest part may well be forgotten.

Jimmygg7

Aylesbury_Duck said:

Jimmygg7 said:

To start with, I don't have a contract from Hillary's in my inbox, just a receipt, and I don't remember signing one either.

Second, I am inclined to return the form and fill in the Defence and Counterclaim and state that I don't think I received the service I paid for, stating the facts. Would this be valid?

Thoughts?

You do have a contract, your account of what happened is evidence of that.  You don't need to have a signed piece of paper or an email for a contract to exist.

I wouldn't state the service wasn't provided because again, your account says it was.  You clearly do owe them something.  You're not entitled to a 50% discount just because their service was terrible and what should have been done in two weeks took three months.

I'd counteract with a suggestion for a reasonable amount - perhaps half of the amount outstanding - in recognition of their poor service.  If you keep it civil and sensible, I suspect they'll settle for something of that order.  

Alternatively, if you're adamant you have no contract and you won't pay the remaining sum, have them wind the whole thing back, remove the blinds and refund you.  What you're not entitled to is to keep the fitted blinds and not pay for them.

That's actually the second thing I was thinking of: settle for say 25% of the leftover amount.