On 30 Dec 2004 14:21:53 -0800, wrote:



Tim

Just to kill your suspense its not Magnet

Since posting my last message things have deteriorated on the fitting
front.
After talking with the fitter regarding all the problems he seemed to
take it on board. However when I came back from last minute crimbo
shopping (he was fitting Crimbo eve morning) he had really bodged
things. he continually mis-drilled holes for the door handles and made
a right mess of fitting the plinths, also the dishwasher door does not
open fully due to it not being fitted high enough and therefore the
door is hitting the plinth. He also did not use a. the same screws for
the door brackets wacking anything in the first screw he picked up and
b. only used 1 screw instead of 2 on 2 of the doors he fitted crimbo
eve. I am taking it to the kitchen company now and I am refusing to
allow this guy back into my house. I will be asking a company
representative to come and inspect the quality of fitting for
themselves. I am now furious, the fitter has had his chance to rectify
I am going to give them some severe sh*it now and believe me they wont
like it when I'm angry!

Happy New Year!

Cheers

Richard


Oh dear. I rather feared it might degenerate into this.

Perhaps I can give you a few more thoughts based on some experiences
where works were not completed to the promised standard.

I had issues with the implementation of a conservatory. It wasn't so
much the standard of the materials and direct workmanship in itself,
but of poor project management and carelessness leading to collateral
damage. I had gone to great trouble to discuss and agree both
things before work started, and lack of supervision led to problems
including an insurance claim etc.
I had held back a substantial portion of the payment until
satisfactory completion.

I did the following things, some of which may be useful to you:

- Took plenty of digital photos of the areas of contention including
putting a ruler in the shot to show sizes.

- Put everything in writing, sending it both by fax and special
delivery. I itemised the issues in minute detail, and included every
issue rather than letting the smaller things drop. I would have
normally been more reasonable, except that I felt sure that there
would be a battle. It was therefore better to include *all* the
issues rather than going back later with some of them and appearing to
move the goalposts. So definitely include any collateral damage.
like the plaster.

- I also included a note of my time wasted in dealing with issues that
should have been handled by the supplier had they done what they said
they would do and managed the project properly. In essence,
everything was loaded in.

- I sent this lot to the local office and unsurprisingly the response
was slow and half hearted, along with a request for the completion
payment. The package of information (which had grown to about 20
pages of history and photos by this time was sent to three of the
directors of the company. If it comes to it, you can easily find
out who they are and their home addresses from Companies House web
site for £4. I sent the information to these individuals, special
delivery at their home addresses, so there could be no possible excuse
for not having received the information. This did produce some
response and an offer in settlement way below what I had asked for,
offering to fix everything and reduce the price by a token sum.

- I declined and stuck to my guns at that point. There were two
letters asking for payment, followed by a "pay within 7 days or legal
action" letter. I responded to all and didn't compromise at that
point. The inevitable round of solictor's letters started to arrive
and they got the full defect information pack as well which
undoubtedly surprised them. Following that, the supplier's offer was
increased. After one further round of negotiation, I paid a small
amount of the outstanding figure which reduced the balance as claimed
by the supplier below £5000. I made it £4995 and quite deliberately.
THis is the level at which a claim is normally heard in the small
claims division of the court, and would not have gone unnoticed by the
supplier's solicitors. The reduction was for my agreeing to forgo my
claim of my time used. In reality, this wouldn't fly in court anyway
unless one has an occupation where time is explicitly billed. They
probably knew that too, but the supplier offered some goods in kind
"as a goodwill gesture."

- I sat back and waited and eventually after a bit more sabre
rattling, almost all of the claim was agreed and most of the payment
written off, provided that I agreed not to publicise who the supplier
was. I also had the satisfaction of knowing that they must have
spent at least £5k in legal fees.


You may not have quite as many cards to play with, but if there is a
situation that you can create where you owe them money, don't pay and
let them sue. It will be to their disadvantage to try it.

Did you pay for the kitchen by credit agreement or card, or perhaps a
deposit that way? If so, tell the credit company and rope them in.

I would suggest giving the kitchen supplier the opportunity to correct
everything, but I would accept no compromises at this point. If the
fitter has cocked up more doors then new ones should be supplied.
Anything that has been in any way damaged in fitting should be
replaced.
You don't have to feel bad about that because the margins are
enormous.

I think that you will know a lot more about how to play this one when
the kitchen supplier has visited. A key point will be whether they
are prepared to own the problem or whether they try and push it off on
the fitter as a fitting problem. If it's the latter, then you may
well have to end up suing the guy to get your money back for the
fitting.

Let's hope it doesn't come to that and the supplier does the decent
thing.







--

..andy

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