Bespoke kitchen worktop not to specs

SuzyShoes

@eskbanker Thanks for clarifying. We did log in to our PayPal account to pay, so I guess the section 75 won't apply. 
@Okell That is such a clear, articulate description of exactly what happened - thank you. I've already responded to their email of this afternoon but I wish I'd seen your comment before I had! I am going to steal your phrasing in my next message if they're not forthcoming with a satisfactory resolution. I don't use much social media unfortunately, or else I would complain on there. 

Okell

SuzyShoes said:

... I don't use much social media unfortunately, or else I would complain on there. 

I don't either but I understand from many threads on here that it can be an effective avenue of complaint.

Maybe it's time to start using it...

pinkshoes

SuzyShoes said:

Thank you so for taking the time to reply.

I sent a message last night along the lines of @pinkshoes's message, with a little more detail. 
This morning, the company has written back to say that my cart on the website had never been updated with the amended drawing, so in effect I inadvertently ordered the old, incorrect design, even though I paid the amount quoted for the new design. 
But the reason the cart hadn't been updated is because I no longer had access to the online design tool, in order to update the cart! The sales rep told me she was updating the drawing, but what she actually did was create a new drawing, which was never added to my cart - and I was not told that it hadn't been added to the cart. 
When I received the email quotation from the sales rep with the correct design, which contained a link to pay, I clicked that link, which took me to PayPal, completely bypassing my cart on the website. 

I suppose my case rests on whether it was reasonable for me to assume that the paying directly via the payment link in an email quote would override the fact that a different item was in my cart on the website. 
Also on whether the sales rep is at fault for not informing me that she had not updated my cart with the new design - the customer service manager has since informed me that she would not have been able to do this, but I was not advised of this at the time. 

So the fact remains that I paid for one design and have received something different. 
 
I feel like they are really going to dig their heels in over this. If they won't budge, is it worth taking it to the financial ombudsman? The cost of the whole order was about £1200, of which about £500 was the incorrect worktop. 

I would reply saying that the order in the cart never went ahead as you were unable to amend it, and no purchase was made via the cart.

Instead, you were sent an email on X date with the correct version of the design, and the email contained a link to pay for this correct version via PayPal, which you did. 

I would then say that you appreciate it must be frustrating for them to have manufactured and sent out something that was not ordered, but that the mistake is unfortunately theirs and not yours, and you would still like the more expensive design manufactured that you paid for.

(as an aside note, they shouldn't send emails out on the 24th Dec asking for confirmation then assume no reply means it's fine! If they didn't hear from you - and it was Christmas and New Year and school holidays until this week! - then they should have contacted you by phone or other means to get confirmation). 

user1977

SuzyShoes said:

I don't use much social media unfortunately, or else I would complain on there. 

You don't need to use it much in order to use it for this purpose!

Okell

pinkshoes said:

SuzyShoes said:

Thank you so for taking the time to reply.

I sent a message last night along the lines of @pinkshoes's message, with a little more detail. 
This morning, the company has written back to say that my cart on the website had never been updated with the amended drawing, so in effect I inadvertently ordered the old, incorrect design, even though I paid the amount quoted for the new design. 
But the reason the cart hadn't been updated is because I no longer had access to the online design tool, in order to update the cart! The sales rep told me she was updating the drawing, but what she actually did was create a new drawing, which was never added to my cart - and I was not told that it hadn't been added to the cart. 
When I received the email quotation from the sales rep with the correct design, which contained a link to pay, I clicked that link, which took me to PayPal, completely bypassing my cart on the website. 

I suppose my case rests on whether it was reasonable for me to assume that the paying directly via the payment link in an email quote would override the fact that a different item was in my cart on the website. 
Also on whether the sales rep is at fault for not informing me that she had not updated my cart with the new design - the customer service manager has since informed me that she would not have been able to do this, but I was not advised of this at the time. 

So the fact remains that I paid for one design and have received something different. 
 
I feel like they are really going to dig their heels in over this. If they won't budge, is it worth taking it to the financial ombudsman? The cost of the whole order was about £1200, of which about £500 was the incorrect worktop. 

I would reply saying that the order in the cart never went ahead as you were unable to amend it, and no purchase was made via the cart.

Instead, you were sent an email on X date with the correct version of the design, and the email contained a link to pay for this correct version via PayPal, which you did. 

I would then say that you appreciate it must be frustrating for them to have manufactured and sent out something that was not ordered, but that the mistake is unfortunately theirs and not yours, and you would still like the more expensive design manufactured that you paid for.

(as an aside note, they shouldn't send emails out on the 24th Dec asking for confirmation then assume no reply means it's fine! If they didn't hear from you - and it was Christmas and New Year and school holidays until this week! - then they should have contacted you by phone or other means to get confirmation). 

Good argument.  Especially the bit in brackets at the end.  Wholly unreasonable to send out an email on Christmas Eve expecting some sort of confirmation before delivery on 8th January.  After Christmas Eve most people didn't return to work until 6th January.

What's really at fault here is the seller's systems and the way they approach business.  Not consumer friendly...

Olinda99

in the end you have the simple option of lba and small claims procedure

SuzyShoes

Thank you @pinkshoes and @Okell. My complaint was escalated to a manager, who replied saying that the order I placed was (somehow!) unrelated to the invoice I paid, and offering a 40% discount on a replacement worktop. I have incorporated your posts into my (not yet sent) response because they were both so well written  
@Olinda99 Thank you, too. I had to google LBA - would I need to explicitly state that this is a Letter Before Action, and say what action I intend to take? And is there any coming back from that if they don't back down? I really don't want to go down the small claims route because this has already cost me so much time and delayed the works, and I suspect the small claims process isn't the speediest option. But presumably there's no point in threatening small claims if you're not fully committed to going there.

pinkshoes

SuzyShoes said:

Thank you @pinkshoes and @Okell. My complaint was escalated to a manager, who replied saying that the order I placed was (somehow!) unrelated to the invoice I paid, and offering a 40% discount on a replacement worktop. I have incorporated your posts into my (not yet sent) response because they were both so well written  
@Olinda99 Thank you, too. I had to google LBA - would I need to explicitly state that this is a Letter Before Action, and say what action I intend to take? And is there any coming back from that if they don't back down? I really don't want to go down the small claims route because this has already cost me so much time and delayed the works, and I suspect the small claims process isn't the speediest option. But presumably there's no point in threatening small claims if you're not fully committed to going there.

Again, the mistake was caused by THEIR system, and not by you, so you are entitled to receive what you paid for or a full refund.

For an LBA to have legal grounds, you should entitle it "Letter Before Action", then give a clear expectation of what needs to happen (either full refund and collection of incorrect worktop, or correct worktop delivered and collection of incorrect one) and when (e.g. 14 days), and if their of the options happen, you will start legal action and obtain a refund through the small claims court. 

Small claims court is done online, a small fee to pay (which you get back when you win) and then very straightforward after that.

You could try one more non threatening letter saying that the error made was entirely theirs, the invoice you paid was for the design that was sent to you via email, and you would either like the correct worktop or a full refund, so to let you know which solution works best for them. You could then say something about seeking further advice on the matter. 

If they STILL don't play ball and offer a solution, then you need to go for the LBA. You have all the evidence you need so should win in court. Courts use a balance of probabilities, so they look at evidence to determine if the event did or did not happen. Your paper trail shows it happened.

Okell

I think I agree with @pinkshoes 100%

I would contact them one more time reiterating your position.  Assuming you still either* want the worktop you thought you had paid for or a full refund, ask them which of those they would prefer to offer you, and tell them that in the meantime you are seeking further advice.

If they don't play ball then proceed to LBA:

• briefly state the facts
• state what remedy* you want
• give them a deadline within which to comply (I'd suggest 14 or 21days)
• tell them that if they haven't complied within the deadline you will issue a money claim against them for a refund to the amount of ££££££ plus court fees

Before going down the LBA route I'd suggest that it's only an empty threat unless you are willing to sue them if they don't comply.  You really only want to send one if you are going to follow through.  Obviously there will be some effort and hassle involved on your part, but people do this DiY all the time.

Also bear in mind that if you do go down the LBA route they might retract the offer they've already made.

And, unfortunately, also remember that court cases can be won AND lost.  Pinkshoes and I both think you have a good case and good evidence on your side, but if it gets to court a judge might disagree with us.


* I don't know if you have your own preference for a refund or to get what you thought you'd paid for


[Edit:  When you contact them again to reiterate your position and to point out that you won't be budging, you could also try mentioning that if or when this gets to court, you are sure that a judge will not be impressed by either their not fit for purpose design, ordering and invoicing system, or by their lame excuse that the invoice you paid was unrelated to the agreement you had made with their representative [name]  ]

SuzyShoes

Just wanted to update and say thank you all again for your advice. The company finally got their "technical department" to look into it, acknowledged that it was an issue on their end, and have refunded the worktop in full! I probably wouldn't have persevered in chasing it if not for the advice on here so thank you, thank you, thank you!!!