On 2008-04-18 20:45:36 +0100, "
said:

On 18 Apr, 18:07, Andy Hall wrote:

Have you paid?

No, not yet. I have a banker's draft ready to hand over but I'm not
going to do it until I know the job's finished properly.
I may even change the method of payment now I've experienced some
dissatisfaction and also communication difficulties.

I would do that anyway.


It's not a great feeling withholding payment but it beats the
alternative by a long way.

No it isn't but it's far better to keep control from the outset.
Since the amount is £5k they would ultimately have to sue you with a
Small Claims action in order to get their money. This puts you in a
very strong position.




If not then don't, write to them, post by Special Delivery and advise
them of your displeasure, giving them 7 days to fix.

I don't look forward to going into recorded delivery letter mode but
my phone calls and emails aren't getting much response.
Does Special Delivery have useful features?

Yes. Trackability and proof that someone signed for it. i.e. they
can't claim later that they didn't receive notification.

At this point, I would simply make a note of when you made phone calls
if you remember and keep copies of emails. Then switch everything to
letter mode. Ask them for written confirmation for what they say they
will do. So far the track record is poor in terms of workmanship and
response. there is no reason to believe that it will improve. If
you allow them to respond by phone or in person, you have the risk that
they will claim later that something else was agreed.

Take photos, print copies and include those copies in with the correspondence.

I you need to write a second time, add the name of your firm of
solicitirs as cc. on the letter. Of course you don't have to involve
said solicitors at that stage or at all, but they don't know that. It
just raises the sperm count on the situation.



If so, you did pay by credit card didn't you?

I think I'll return the banker's draft to source and pay by Visa
instead.

Definitely. Let it cost them the 3% or so. Keep in mind also that
you may want to take some additional action some months down the road
if the workmanship is poor.


If you paid by card then write as above and lodge a charge dispute with
the card company. They are on the hook with the supplier.

If you paid other than by card, make a note never to do so again
because it weakens your position. Again write to the supplier but be
prepared to initiate a Small Clams action (amount is £5000) to get
the situation rectified.

Wouldn't it be nice to get a decent job done and just hand over the
money?

Yes it would.

I have a very simple principle for doing business. I ask the
supplier what they are going to do and let them tell me. Then I ask
them whether they are sure that that's what they will do because I will
expect them to do it.

Invariably they say yes to all of that. It's surprising how many are
genuinely shocked when called to account on that and it includes
consumer goods retailers, building trade people and many others.

I don't mind suppliers having problems and even initially falling short
of their promises - BUT - I do expect them to fix it and fix it quickly
if that happens.

It really isn't difficult to do a proper job with proper materials and
to be paid for it. It never ceases to amaze me why people, both
suppliers and customers don't understand this concept.