Partial refund for damaged goods
Mistermeaner
Posts: 2,958 Forumite
Hi
bit of advice please:
I bought a 'bath including panel' from an online bathroom supplier (goods supply only - no fitting). Total cost was lump sum of £650 - there was no breakdown (i.e. the bath and panel were not separately itemised)
Bath arrived, but the panel was found to be damaged.
Long ping pong back and forth as I tried to get a replacement from them but time and again they sent me either incorrect stuff or damaged goods.
Eventually I told them that if they do not supply me a replacement panel by date X I will buy one myself from somewhere else and ask them to refund me the cost
Date X came and went and I received nothing from them so I proceeded to purchase the replacement panel at a cost of £115
The company has offered to refund me £90 (no explanation of why this value - i assume its just the price in their system) I have said this isn't good enough as they have an obligation to refund me my losses in full.
This went back and 2 for a few weeks with nothing being received so I eventually gave them notice that should they not refund me £115 by date Y I will start a money claim online and add the cost of this to the money they owe.
No response received so I have now started proceedings, claiming a total of £140 (£115 + £25 for the money claim)
They have eventually replied saying they will refund me £90 and thats the end of it
I am telling them that this is now insufficient and they must pay me £140 to stop my claim
Thoughts?
bit of advice please:
I bought a 'bath including panel' from an online bathroom supplier (goods supply only - no fitting). Total cost was lump sum of £650 - there was no breakdown (i.e. the bath and panel were not separately itemised)
Bath arrived, but the panel was found to be damaged.
Long ping pong back and forth as I tried to get a replacement from them but time and again they sent me either incorrect stuff or damaged goods.
Eventually I told them that if they do not supply me a replacement panel by date X I will buy one myself from somewhere else and ask them to refund me the cost
Date X came and went and I received nothing from them so I proceeded to purchase the replacement panel at a cost of £115
The company has offered to refund me £90 (no explanation of why this value - i assume its just the price in their system) I have said this isn't good enough as they have an obligation to refund me my losses in full.
This went back and 2 for a few weeks with nothing being received so I eventually gave them notice that should they not refund me £115 by date Y I will start a money claim online and add the cost of this to the money they owe.
No response received so I have now started proceedings, claiming a total of £140 (£115 + £25 for the money claim)
They have eventually replied saying they will refund me £90 and thats the end of it
I am telling them that this is now insufficient and they must pay me £140 to stop my claim
Thoughts?
Left is never right but I always am.
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Comments
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Crack on is what I would say.
Assuming you have evidence in writing that you told them you would purchase the replacement panel if they don't supply it by X date then that would make your case a lot stronger.
If they failed on multiple occasions to provide you with the correct panel or one that was damage-free then they only have themselves to blame.
I presume they have acknowledged the claim and stated their intention to defend but have replied separately saying they will only offer £90?0 -
Who is the firm ?
Do they have a social media presence ?
It may help if you just post a very short version of what happened eg not happy with the service or bath panel been received but damaged and not getting anywhere wetting it sorted.0 -
hi; no social media platform on which to shame them!
I have started the money claim, they haven;'t formally responded to that but have emailed me.
My view is I think I crack on; I have good records and have been reasonable IMO and given plenty of notice prior to any action
Its less about the sum of money involved and more about the principleLeft is never right but I always am.0 -
brief update; money claim documents have been served on them, I have also emailed them a copy. They haven't specifically made reference to them but we've ping ponged emails back at 2.... them saying they will refund me £90, me saying they now owe me £140.
I think I'll stop emailing them now as its just repetitive - wait and see how (and indeed if) they respond to the money claim. Will keep this thread updated in case anyone is interestedLeft is never right but I always am.0 -
in case anyone cares...
The receipt of court documents seems to have had the desired effect - a phone call from someone senior, an apology and an agreement to pay me all money owed including court fees
They agreed it should never have got this far and they should have handled it better.... not sure if thats genuine or if their policy is to take stuff to the wire
certainly won't be using them again!Left is never right but I always am.0 -
Glad to hear it has worked out. Unfortunately I don't think we will know what their policy, some companies do certainly take it down to the wire and fold when they realise you are not backing down. As the senior manager said, it shouldn't have got to this stage and a bit of common sense should have applied in the first place.
Just make sure not to withdraw the claim until full payment has been made - and make it clear to them that the claim will remain alive until payment received. Otherwise if you withdraw now, they could simply refuse to pay you and then you'll need to issue a further claim. It would be stupid of them to do that but I've seen it happen before.0
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