Hi,
My story is a little complicated, so please bear with me....
We ordered a kitchen worktop (granite) from a friend - recommended supplier and gave him dimensions. He quoted for the work, but did not write the dimensions on the quote, just an area to be cut down, he also reassured us that the colour we were getting would be the same as we already had, but refused to come and look at it (even though he lives less than a mile away) and as he didn't need to as there is only one type of that granite with variations in the colours that it would match. In effect, we were relying on his proffessional advice and high recommendation by our friend and paid him the deposit and signed a contract.
He turned up at our house to template and fit the granite on the same day for his convenience, but realised as soon as he walked in that he had:
a)ordered the wrong size, and
b) the colour would not be a match
And even said so. Shortly after, he blamed us and started to become abusive, offensive and aggressive towards us. He said it was our fault and we should have given a template drawing of the worktop (which he did not). We asked how we could resolve the situation and he said we would have to order more granite and we would have to pay up front beacuse he did not trust us as a consumer (even though he had already cashed in our cheque) and he would keep the deposit and it would also cost us more. When we asked why he didn't check the dimensions with us before getting the granite, he said he couldn't be bothered to go out to every house to do a quote on the basis of they 'might' want the job'.
Due to his behaviour, we cancelled the order the very next day and within 7 days of ordering it. He telephoned us and became abusive again, threatening he knew gangsters and all to collect debts from our house. We called him again to try and resolve the situation and asked if we could come and view the granite to which he refused saying he now did not want to do the work as it was 'not worth his while, he had bigger jobs in the pipeline', although his company accounts say otherwise!
He has now sent us a demand for additional costs to cover his fitter for one day and a call out fee and wants it within 7 days. He has threatened selling the debt to a debt collections agency. It is not a big amount - less than £300. Also, since, we have found out that there are different variations of the type of granite we wanted, which he did not tell us about. He is now saying that he had cut the granite so we lose our deposit as per his Ts & Cs. We have asked him to return part of the money but would allow him to retain an administration cost which would be due if the granite had been ordered but not cut as per his ts & cs. He is now saying he cut it before actually taking a template.
We are thinking of filing a counter claim if he does take us to court. He has almost half the cost of the job in his pocket (that is the whole cost of the granite) and now wants more, we have neither seen the granite or have been allowed to view it. He says he has a factory on his website and employs people full time, but we found out that he works from home and doesn't get off his chair unless someone pays him.
Any ideas as to what our rights are in this? the supply of goods act deals with goods that have been supplied but not with goods that have not.
Any help welcome.
Pip
My story is a little complicated, so please bear with me....
We ordered a kitchen worktop (granite) from a friend - recommended supplier and gave him dimensions. He quoted for the work, but did not write the dimensions on the quote, just an area to be cut down, he also reassured us that the colour we were getting would be the same as we already had, but refused to come and look at it (even though he lives less than a mile away) and as he didn't need to as there is only one type of that granite with variations in the colours that it would match. In effect, we were relying on his proffessional advice and high recommendation by our friend and paid him the deposit and signed a contract.
He turned up at our house to template and fit the granite on the same day for his convenience, but realised as soon as he walked in that he had:
a)ordered the wrong size, and
b) the colour would not be a match
And even said so. Shortly after, he blamed us and started to become abusive, offensive and aggressive towards us. He said it was our fault and we should have given a template drawing of the worktop (which he did not). We asked how we could resolve the situation and he said we would have to order more granite and we would have to pay up front beacuse he did not trust us as a consumer (even though he had already cashed in our cheque) and he would keep the deposit and it would also cost us more. When we asked why he didn't check the dimensions with us before getting the granite, he said he couldn't be bothered to go out to every house to do a quote on the basis of they 'might' want the job'.
Due to his behaviour, we cancelled the order the very next day and within 7 days of ordering it. He telephoned us and became abusive again, threatening he knew gangsters and all to collect debts from our house. We called him again to try and resolve the situation and asked if we could come and view the granite to which he refused saying he now did not want to do the work as it was 'not worth his while, he had bigger jobs in the pipeline', although his company accounts say otherwise!
He has now sent us a demand for additional costs to cover his fitter for one day and a call out fee and wants it within 7 days. He has threatened selling the debt to a debt collections agency. It is not a big amount - less than £300. Also, since, we have found out that there are different variations of the type of granite we wanted, which he did not tell us about. He is now saying that he had cut the granite so we lose our deposit as per his Ts & Cs. We have asked him to return part of the money but would allow him to retain an administration cost which would be due if the granite had been ordered but not cut as per his ts & cs. He is now saying he cut it before actually taking a template.
We are thinking of filing a counter claim if he does take us to court. He has almost half the cost of the job in his pocket (that is the whole cost of the granite) and now wants more, we have neither seen the granite or have been allowed to view it. He says he has a factory on his website and employs people full time, but we found out that he works from home and doesn't get off his chair unless someone pays him.
Any ideas as to what our rights are in this? the supply of goods act deals with goods that have been supplied but not with goods that have not.
Any help welcome.
Pip