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andyh747

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  1. I need some thoughts on the following scenario which happened recently. Goods were ordered and paid for from a Company in the UK via a BACS payment on the 1st July. We asked if the goods could be held for a couple of weeks until they were needed on site. This was agreed on the phone and followed up by me in an email. Subsequently a delivery date was arranged on the phone for the goods to be delivered on the 1st August. The goods never turned up and the company was contacted to find out where they were. Initially it seemed like a delivery problem until later in the day when the company confirmed they had despatched the goods to another customer. The company now had nil stock and wouldn't have any for several weeks. Due to this error we had costs paid out to contractors who were due to start work on site the next day. Due to the nature of the goods ordered we had no alternative but to order from an alternative supplier who had stock. However this cost an additional £500. The original company refused to accept a breach of contract and resulting consequential costs. They did refund the original contract amount though. I am now using the moneyclaimonline system to try and recoup costs. Anyone provide additional guidance on where we stand legally. I have been advised that as the goods were paid for then to sell these to another party is illegal and misappropriation of goods.
  2. Many thanks for the reply. That's what my conclusion was. I have also taken legal advice from the site insurance provider and they agree that the kitchen company has to resolve the issue and cannot demand a letter or add charges as the contract has now been paid in full. They have also said that we have a case under the Supply of Goods & Services Act for the company not taking due care with the design and ensuring the paperwork was correct. Have also contacted Trust Mark as they are members of this body and they have asked us to file a complaint against the company. We'll see if they turn up to install the kitchen on Monday.
  3. Dear All, I need some advice and opinion on an issue with the supply and installation of a bespoke kitchen. We ordered a kitchen for our new build house from Bespoke Kitchen Design in Stonehouse, Gloucestershire. Initially the company appeared very customer focused and sat down with us to design our dream kitchen. However once we paid our deposit, the communication and attention to detail has been somewhat lacking. We asked several months ago for a full breakdown of costs even though we had agreed a contracted price for both supply and installation. The initial quotation, although listing most aspects of the design, was missing various items and does not reflect the final cost. We are still waiting for this final cost breakdown even though the kitchen is due to be installed next Monday (9th Jan). The main issue has arisen after raising queries on the final works schedule which was signed and agreed by us several weeks ago. The plans and works schedule clearly show downlights and plinth lights to all units. However after asking some technical questions regarding these lights, we were informed they hadn't been costed for and had not been included in the contract price despite us believing otherwise and discussing it with the surveyor. The lights were specified on the final works schedule along with numbers and even the order numbers for the lights. Apparently this was a mistake by Bespoke's surveyor and has been acknowledged by the company. However they insist we never specified lighting in the design even though it was discussed. The company says they assumed we were providing the lights. However as the works schedule has been sent to the factory for production, holes have been predrilled in all the cabinets meaning we are severally constrained by the type/style/size of lights we can have. The company has predrilled for their own lights as these were specified on the works schedule. They refuse to honour what was signed for on the works schedule and have now left us with either paying them a large amount extra for their own lights or trying to source our own lights which will prove difficult as their lights seem to have a larger than normal cutout of 80mm. Just to clarify these are under cupboard and plinth lights, not the main ceiling lights which are already installed. The above problem may seem trivial on the surface but has created a large amount of stress at the last minute. We have paid the final balance of the contracted price in order to satisfy our side of the contract but the company is now demanding a letter from us stating that we accept the lights weren't part of the contracted price and that we will not take further action. They have gone as far to say they will refuse to fit the kitchen unless we agree to their demands. Several other mistakes were made by the surveyor on the final works schedule which we identified and had rectified before signing and sending back to the company. We're unsure of what action to take next as we have now paid the company nearly £30,0000 and are now facing not having our kitchen installed unless we issue a letter absolving them of the responsibility of providing the lighting. Thankfully we paid the deposit via credit card so have some legal cover under the Consumer Credit Act. However we're not entirely sure were we stand legally given that the lights were'nt listed on the initial quote (which wasn't complete) but are listed on the final works schedule and plans which we signed. Any help and advice would be much appreciated.
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