Kitchen Fiasco

[1stlifeline]

They seem to be impling that the 'gas pipe problem' is preventing the fitting of the kitchen. It isnt, its the bad design on behalf of the consultant that is preventing the kitchen being fitted. Take away the gas pipe problem and you are still left with an unrealistic scenario because of the oven/fridge issue.

[fed_up_uk]

Hi 1stlifeline, they've said the fridge can sit next to the oven providing there are end panels in between the two units.

[1stlifeline]

Ask them how they are going to fix the end panels in position. What are they going to fix them to? Normally on the end of a run you would have an 'end support panel' which is rigid and weight bearing for a worktop. Either side of a built in oven you would have 'oven end panels' but you need a cabinet next to them to fix them to, you cant just prop a panel between 2 appliances.

[fed_up_uk]

I asked how they would fix the oven next to a fridge and was told they use an L shaped bracket within the oven housing.

[1stlifeline]

Presumably they mean to fix this to the wall then but I still dont see how it can work, an oven housing unit should not be free standing, it shoiuld be contained in the middle of other units to hold it rigid. Of course what you decide to do is completly your decision but I would be very wary about this company. Just out of intrest, is the person who is telling you how they would fit the job the same person that did the plan because he wasnt too bright to start with was he so please be careful about accepting them for the work. The thing is that at the moment you do have the option of getting the deposit back and getting someone more competent to do the work. If you accept them to do the fit and they mess up you may not find it as easy to get satisfaction if it goes wrong again.

[fed_up_uk]

I think it's pretty clear we do not want this company carrying out any work on our property. There is clearly no incentive for them to do a decent job now anyway. I'd be concerned corners would be cut to compensate for the loss of money to this point.

[Bookworm]

Then go for option 1, writing to them with the proviso that you do not accept that no compensation is due to you and that you expect to hear what their proposition of compensation is within 7 days. On receipt of their response, you can then either agree to no 1 in writing and specify that you will seek compensation through the courts since they are being unreasonable or accept whatever they decide to offer, obviously it will depend on what they reply.

[fed_up_uk]

thanks bookworm,

 

I sent a letter yesterday providing them with a date to collect their goods and commented this gave them enough time to ensure my deposit was returned beforehand. I also gave them a figure for consequential damages, not compensation and advised that this would go to county court if not provided.

[gyzmo]

don't let them take the goods until you are refunded - it's a lien. If they don't refund - they don't get their goods (which you can later sell on to reclaim some money back) AND you get to chase them for the rest. Hopefully it won't come to that.

[fed_up_uk]

That's exactly why I've given them plenty of notice to collect. It's also a Saturday which I'm sure they'll love

[fed_up_uk]

Actually, does anyone know where we stand on this? I don't want to give the goods back until my deposit has been returned but can I do that?

 

They wouldn't have given me the goods until I paid the deposit so it seems only fair it should work the other way round.

[gyzmo]

My bad - it's the seller who has the lien (never do finish what I read!) Sorry! :o

[fed_up_uk]

So does this mean we have to give the goods back and then wait for the deposit?

[gyzmo]

Hang on, I am in full muppet mode.

 

consumer Credit Act s. 72 states taht any goods supplied must be returned SUBJECT TO....

 

s. 70(2) which states that if, under the terms of a cancelled agreement, the debtor (you) is in possession of goods, he shall have a lien on them for any sum repayable to him (under the terms of the agreement) in respect of that agreement.

 

I KNEW i seen that somewhere!

 

So yes, under the CCA, you have a right to keep possession of those goods until you are re-imbursed, but I would appreciate someone else confirming this

[fed_up_uk]

That's brilliant, I hope this is true because otherwise I have the feeling this "unprofessional" company won't be very quick in returning the deposit.

[fed_up_uk]

While I'm here, once they do agree to collect. Is it ok for me to request the delivery guys sign something to the effect everything was in good order before it left my property? I don't really trust the company anymore and the last thing I need is for the delivery men to drop the oven taking it back and not owning up.

[gyzmo]

You can ask. As to whethr thy will or not is a different matter. Why not take photos as evidence of their current state?

 

I am pretty sure on what I said about the CCA and lien - i'm just a bit of a self doubter!

[fed_up_uk]

I just have a feeling if we go for consequential damages the company will say "well there's doors missing and the washing machine is scratched etc"

[gyzmo]

Thta's down to them to prove. If you have evidence tha they were not in such a state when in your care, then they will have a pretty hard job proving otherwise. Also, if yo did claim in court, the court would probably see something like that as petty andcould kick it out. But I would wait until it's picked up firt - it might not happen!

 

Do take photos though definitely and do ask them to sign (they may not) something.

[fed_up_uk]

We will, pretty hard to take photos of stuff in boxes though.

[Bookworm]

Well, if it's in boxes which were left unopened, they could hardly try to say that you had damaged them then. Take pictures of unopened boxes to show that the items were never opened in your home, that will clearly show that you couldn't possibly be responsible for any (alleged) damage!

 

Can't help with the lien part, I don't know that.

[Guest wino]

Hi fed up uk

I've been away for a week in soggy Wales so I am just catching up.

 

I still cannot believe that this valve was missed out on the survey.

 

The row in your kitchen that is the problem was it a built under oven and fridge?

 

Is there not the option of a built in oven in a tall unit therefor having a cupboard underneath allowing the gas valve to be exposed? Do you have a window in the way?

[fed_up_uk]

Hi fed up uk

I've been away for a week in soggy Wales so I am just catching up.

 

I still cannot believe that this valve was missed out on the survey.

 

The row in your kitchen that is the problem was it a built under oven and fridge?

 

Is there not the option of a built in oven in a tall unit therefor having a cupboard underneath allowing the gas valve to be exposed? Do you have a window in the way?

 

Hi Wino,

 

No the wall the oven is on, isn't big enough for a tall housing. We'd lose what little worktop space there is and there wouldn't be anywhere for the hob with suitable space either side.

[fed_up_uk]

ok, well they had the letter last thursday, and in it I gave them the date of tomorrow to collect their kitchen from our property and stated this gave them "enough time to return the deposit beforehand". Just a blanket letter received on Monday saying the case is "being investigated". Exactly the same letter as the previous two. Anyone think they're dragging their heels with this???

[Guest wino]

I don't supose they are affiliated to an association like KSA - Kitchen Specialists Association?