Good point...:yessir Although, I do think that's just a bit of fluff coming out of the fitters mouth as a counter argument.
Just read through again... you said you had put it writing to them straight away, they agreed to come and rectify the gap. I would put that forward to the judge with copy letter. I presume that would resolve the situation for you if they did that?
Wes, that's really helpful, thank you, and has certainly given me issues to reflect on before the hearing on 19th. I am not an argumentative person and if the company had held their hands up straightaway and said "if you are worried we will trim the edges for you at our expense" I would have been very happy, made them lots of tea and bought chocolate biccies! They refused to come and look, knew I couldn't put any furniture back and took ages to reply to letters, so I asked other fitters to come and look and then when I received the independent assessor's report that the company were at fault, things have just escalated from there. It has all got out of hand. However, at the last court hearing the company did agree to refund my deposit. Although they have failed to do so within the 14 days specified, I think the court can enforce this and we will have to call it a day and I'll just keep a weather eye on those pipes.
I'd ask the judge As they didn't pay within the 14 days, you would like them to do so and as a good will gesture if they could sort the problem too.
That's a joke - my evidence included all the correspondence, photographs, reports from floor fitters, and the report from Independent Assessor together with his photos. (I used to be in business, running a children's nursery, so am a good record keeper.)The Judge didn't look at the evidence at all, gave neither party an opportunity to speak, and started by saying that as he knew nothing about floors he had decided that we should go into a side room and either come to a settlement or arrange to have a joint independent assessment, where we both had to agree on who it should be and what they should look at. I said I had had an independent assessment done and it was in my evidence. The Judge said that couldn't count as the Court would only accept an assessment that had been jointly agreed, each party paying half. My son was with me in court and once opened his mouth and got as far as saying "Bu....." before he could finish the word, the judge sent us out of the room! That took 5 mins altogether. We went into a little room, no window, no drinks, and were there for 2 hours. I wanted another assessment but the company wouldn't agree. Finally I agreed to a settlement of a refund of my deposit. I was exhausted and worn down. We went back into Court, the judge wrote up the terms, said that the refund should be made within 14 days or the case could be reopened, goodbye we could leave now. We were given no opportunity to say anything at all! I felt quite traumatised afterwards. The refund didn't come so I wrote to ask for the case to be reopened. The court sent me an application form to fill in and required a £50 fee to be included! So we have been allocated 10 minutes - I kid you not - on 19th August when a different judge will give directions. I rang the court to find out what "give directions" means and was told it means he will decide on what will happen next. Who needs Coronation Street - just come to Norwich!
Would go against them youd of thought for not agreeing to go splits on an independent assessor, at the end of the day if I had a customer not willing to pay and I knew id done everything correctly with no issues id be more than happy going halves on the cost to get my money out of said customer, to not want to go down that route suggests they have something to hide, especially as the cost can be reclaimed from the losing party.
You've not paid the balance but the installer has been ordered to pay back your deposit? Has the court ultimately rules in your favour then? Awarding the settlement of the deposit. Is the company taking you to court for the balance? You originally said the company were taking you to court on the 19th. Then you say that you have applied for a hearing on the 19th. Just a little confused Ann. I know it might be a little to much info than you want to give but can you expand on what you originally paid them, what the total cost of the job was, and the deposit amount? There is a reason for them questions. If the company was ordered to pay back your deposit and didn't - reading between the lines - it sounds like they just want to call it a day against what you owe them.
I know it sounds complicated, Wes. The company took out a Money Claim Online at the end of December 2013 against me for the balance I owed them, i.e. a notification they were taking me to court. I had paid a 50% deposit before the floor was fitted, so still owed 50%. I put in a Defence of Claim, giving reasons why I hadn't paid together with a Counterclaim for the costs I had incurred in solicitor's fees, fees for reports, cost of remedial work that needed doing etc. These days you have to go through Mediation, which took place by telephone in March. This failed so the Court then set a date of 2nd June for a hearing, which I have described above. The Court didn't decide for either of us. The company and I reached a settlement that the company would refund my deposit within 14 days. The Court then wrote that up as a binding agreement which we both signed. Because the company didn't pay the refund within the specified time, I have the right to re-open the case, which I have chosen to do. This is the hearing that will take place on 19th August when the judge will decide what is to happen next. I really don't know what that will be. I am just trying to prepare myself with answers in the event that this time we will be allowed to speak! I am hoping that maybe the Court will appoint a joint Independent Assessor or enforce a payment order on the company to keep to the settlement agreement. I really don't know. All I can do is to do my best to be as sure of the facts of the case as I can be - which is why I have been talking to you guys and seeking information about expansion gaps. When I ordered the floor initially I didn't know anything about wood flooring, except that it was a luxury that I decided to treat myself to for my sitting room. Carpets make me sneeze. I probably know enough now to get a job in the trade. :
I have seen so call floor fitters fit solids around a toilet . And no joke .. Sadly I have no pics. The toilet has cracked cos of the movements .. So rad pipes def need sorting
Thanks Ann. That's made it a little clearer. I think in the grande scheme of things my previous post stands. If the company don't pay you the agreed 50% deposit then there claim for the rest goes away. In reality they are walking away. You should obviously get a legal opinion regards this. In this case, you have a wood floor for half the price (I am aware you've spent more in the mean time but does this exceed the total original cost or even come close? Rhetorical). To stop further unnecessary stress, I'd consider paying someone to cut the required expansion gap (Approx £150 without seeing it), fit your skirting boards and get on with your life. You will still be in pocket. All the best with it Ann
Thank you, Wes. You have been a great help and I will consider carefully all you have said. It has made me sad that what I thought was a reputable company and a customer could not work together to resolve problems in an amicable and speedy way. I feel I have had no customer care whatsoever since the floor was laid and I suppose I have persevered with my counterclaim as my way of saying "you shouldn't treat a customer the way you are treating me." All the best to you, too, and thanks again.
