Undettered,unrepentant,un detained Vance Miller?

[DizzieDiva2010]

As the debt is over 600 you can get this transferred to the High Court for 50 quid and then get a High Court Enforcement Officer to collect it instead of a County Court Baillif. These guys are much nastier than county court baillifs and tend to have a much higher success rate. Also, they can force entry into commercial premises - which country court baillifs can't do - and take legal control of any goods. I would suggest that this might be the most effective route with somebody like this.

 

How do i get it transfered to the High Court?

[DizzieDiva2010]

Mr Lee Darby has contacted the Court and asked that the Judgement be set aside, therefore i am to contact the Court this Friday to get the Judge's decision!!

[DizzieDiva2010]

I will not give up without a fight..have voice recordings, phone call logs and photos.

Edited October 5, 2010 by DizzieDiva2010

[DizzieDiva2010]

The Judge has looked at the case and decided to set the Judgement aside, both parties now have to submit Allocation Questionaires!! Do i need a Solicitor now??

[DizzieDiva2010]

Advise please all opinions welcome, I need to get my money back from this villan!!!

[DizzieDiva2010]

 

 

 

I now have to submit N149 Allocation Questionaire.

[DizzieDiva2010]

 

Edited October 20, 2010 by DizzieDiva2010

[DizzieDiva2010]

Can you post up his defence?

 

I would post it up however the court has forgotten to mail it to me along with the above correspondance I recieved today. I have requested it and I'm hoping to get this in tomorrows post! How could they forget to send me his defence!!!

[DizzieDiva2010]

I recieved the defence in the post today but am having trouble posting it up from my mobile, will hopefully have it done today if I can use a friends computor otherwise I will have to type it out myself peeps.

Edited October 23, 2010 by DizzieDiva2010

[DizzieDiva2010]

Mr Lee Darby defence is: The defendant disputes this claim in it's entirety. The claimant made an order for kitchen components on 18 February 2010. The order clearly states "laminate" door type, not solid wood, laminate was ordered which is what has been supplied.

 

The defendant is a supply only company and is not responcible for any fitting costs. The claimant is claiming £1500 for fitting costs, the claimant further confirms all items have been fitted. The claimant was given the opportunity to check the delivery prior to signing acceptance of the goods. The defendant has offered to replace any items which the claimant is not happy with but solid wood cannot be supplied,it is clear that laminate was ordered.

 

* Note: take a look at post 34 and let me know if you think the order clearly states that it was laminate?

 

In honesty I did not understand what laminate meant!

Edited October 25, 2010 by DizzieDiva2010

[DizzieDiva2010]

I was shown a glossy brochure and selected a kitchen style of which the salesmen told me that the door fronts I had choosen were solid wood but he has written laminate on the invoice! I ordered a satin finish (matt) sink with taps to match with the cooker hob, oven and extractor but got a very badly dented stainless steel finished sink and taps. The door handles are in both satin and gloss finish not being the same. Every door I recieved had a dent or mark on them (pencil marks/crayon marks. The doors are not the same shade as the cornice, plinths and pelmet. End panels and two glass doors were missing. The work surface was in an appauling state with chips taken out of it. The pipe supplied with the sink does not screw together due to poor thread and it leaks as does the sink drainer. The carcasses had no pre drilled holes and did not fit together like they were part of a pack an had pencil markings on.

 

I live alone and all the items were very heavily wrapped in cellotape and huge amounts of bubble wrap with the corners broken. It was delivered at the end of the day in the dark and the driver marked it off and advised me that I had 7 days to report to

customer services any missing or damaged items.

 

The following day I opened everything to discover the appauling state of the goods and immediatley contacted their customer service to demand a full refund to be point blank told that the company do not offer a refund. I was told to take individual photographs

of the doors and send them by email of which I did.

 

I had booked fitters who had removed and disposed of my old kitchen and was left

with no kitchen facilty or water!

 

Everytime I rang this company they left me on hold for minutes at a time and I frustratingly hung up. My phone bills were very costly and I broke down because they spoke and treated me in an appauling manner verbully over the telephone!

 

Unsuccessful in obtaining a full refund the fitters went ahead and put the kitchen in best they could. They too spoke to this company over the phone complaining about the carcasses have no pre drilled holes to put the units together and they were rudley

told to drill some then of which they were shocked!

 

I contacted trading standards and followed their advise sending simply kitchens three letters I recieved no responce, and the items I have never recieved replacements for like they say in their defence!

 

I have emails, photographs, letters, telephone logs, recorded telephone calls and they have not responded in putting this matter right.

 

My kitchen is left unfinished and I am not happy with any of it, it does not match the description I was shown in their brochure and have been very much mislead and taken advantage of being a women living alone.

Edited October 24, 2010 by DizzieDiva2010

[DizzieDiva2010]

Can I have some assistance here please, honest opinions negative or positive welcome. I have to submit the AQ by 2 November 2010 so not long now.

[DizzieDiva2010]

I have to submit AQ 149, is their any draft with this, should I submit with it my witness statement and the kitchen fitters statement?

[DizzieDiva2010]

The salesman informed me that this kitchen was MFI liquidated stock but its definatley not MFI quality. The kitchen doors are not the same shade in color as the side panels, plinths, pelmet, and cornice, every door was damaged with a scratch, dent or pencil/crayon mark. I bought this kitchen on the understanding that it was new and in a new condition but it looked used!

 

The fitters should have fitted the kitchen in 3 days but due to having extra work it took them a week therefore costing me more in fitting coats, also the carcasses did not fit together like they were part of a pack causing problems, advise by the fitters. The fitters explained this to the company and they said drill hole then, however we bought the kitchen on the understanding that this was a fitted kitchen that was complete and all parts came together.

 

The company were not willing to give me a refund I asked, I asked, I demanded with no success we had no other option but to put it in or I would be without a kitchen now! I wrote 3 letters to them requesting that they recitfy the problem and they ignored my requests not replacing the damaged parts which was the entire kitchen, isn't that breach of contract?

[DizzieDiva2010]

Can I mention in my AQ that after doing research on this company I have since found out that Simply Kitchens is run by Vance Miller the rogue trader.

 

That I have recorded a telephone conversation between myself and his staff with myself asking if I was through to simply kitchens and could I speak to the proprietor Mr Vance Miller, who the lady replied that yes Mr Vance Miller was the propietor and he was away on business!

 

If the company's intentions were to replace the damaged and missing items surely they would have done so by now as they have had enough time to do so but all three of my letters have been ignored!

 

However I fully informed them of the damages & missing items as soon as I opened them the following day!

 

I made it very clear how unhappy and dissapointed I was with the entire order.

 

I was told they don't do refunds full stop and they were very very rude to me on numerous occasions.

Edited October 27, 2010 by DizzieDiva2010

[DizzieDiva2010]

The fitters were skilled chippys and came highly recommended. They have always worked with kitchens of exellant or good quality and when they saw my kitchen they were appauled for me pointing out to me every poor detail, they put the carcasses together but explained why it would take them longer, they even spoke to customer services themselves and from their own experience shockingly agreed that their service and attitude was appauling.

 

Their appauling attitude and rudeness towards me is one of the reasons this problem has not been resolved and court action has been taken. Everytime I telephone them they leave me on the other end of the phone listening to a tune for minutes, half hour to longer.

 

My previous sink had leaked all over the floor causing floor damage therfore it had to be removed to commence work, however when you order a kitchen as new you don't expect it to be delivered with so many problems as this one turnt out to have. Several

items were missing and everything was damaged. I live alone and had nobody to help mr unpack all these heavy items and it took me all morning the following day to open and check every item. The time of the delivery it was dark.

 

I have a wardrobe from MFI that is 10 years old and that is still in good condition and I have cheap laminate floor that has lasted longer than this kitchen which is alreay falling apart. I have one cuboard that is already broken!

 

I have never seen a kitchen where the doors are a completley different shade to the cornice, plinths and pelmet, also these are made if the same material as the doors

which is cheap MDF!

 

Surely the fact that my kitchen is not the same description and does not look the same as the brochure shown makes this a breach of contract? Also that they are so rude as a company I have been unsuccessful in resolving my problems? I made it clear from

the start BEFORE the kitchen was fitted that I wanted a full refund but was refused! As I had already spent my money on this appauling kitchen I was not in a position to go out and buy another kitchen from say B&Q because they would not proceed with a refund! Therefore I had no other choice but to put this kitchen in!

 

Then I was left mo other choice but to request an exchange of which they told me

they would not do either, but they would replace the doors when I sent individual photographs of them by email. I did this and waited for them to be delivered and I'm still waiting for them now!!!!!! They are fully aware if what is damaged and missing and they have not delivered it.

 

Not a breach of contract here is there, of course there is! If I can't have a full refund I want the doors replace, missing goods delivered, cornice, plinths, and pelmet in the

correct color followed by compensation for my inconvienience and heartach, and I

won't stop until I get this. They have caused me a real upsetting period in my life.

 

It is a customers right to have a refund if they are not happy with their goods and at the time I requested a full refund the goods were how they delivered them!

Edited October 28, 2010 by DizzieDiva2010

[DizzieDiva2010]

Fair enough. Don't shoot the messenger. There may well be one or more breaches of contract here, but because you've fitted the kitchen you are unlikely to get a full refund, unless the dj is feeling generous. Remember that just because there is a breach of contract it doesn't mean that you are entitled to anything. there must be a breach of contract AND a loss that was incurred as a direct result of the breach of contract.

 

You removed the old kitchen though, so you probably won't get comp for the problems that arrived after this. You'll find that most experienced fitters will expect something to be wrong with a delivery and will factor this in. This is why the will often do a pre-fit survey - re measuring, checking all the key bits are thee, looking for damage. this prevents huge problems later if there is a problem.

 

These forums alone show how common problems with kitchen fitting and delivery are. There is always something damaged. I don't know whether your fitters were any good or not, but in my experience there are two truths: 1) rubbish fitters will always blame the kit, andfitters will also project manage to a degree - did they not suggest that you don't remove your old kitchen before the new was there?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Also, if the reason the old one came out was because of a flood, then you are doubly scuppered - the chain of causation (i.e. the reason that it might be the supplier's fault) is broken further.

 

I'm not saying you don't have a claim, but I don't think you have a claim for all you are seeking. I'm also doubting your fitters are entirely blameless. What were they charging you?

 

lol Kraken1 you have been most helpful and your opinions have been a good read, nobody else has cared to help mr out here!

 

I rang around before the order and got quotes for the fitters and that is the going rate unfortunatley, my parents forked out all this for me bless them! However my dad us not well so could not get involved too much.

 

My order was the 18 February 2010 and I'm still waiting for the goods to be delivered. I went on the Internet and read customer comments on Vance Miller therefore didn't hold my breath on recieving them or at all that's why we went ahead and fitted it in, as a loan kitchen as that's the least they can do.

 

The kitchen is damaged therefore not re-saleable!

 

They are welcome to have it back lol

 

I will be taking this all the way, whether I get anywhere is a different matter, however I hope I inconvienience them just as they have me.

 

Everytime I look at my kitchen I feel dispair!

[DizzieDiva2010]

I finally split from my violent partner in January of this years I was with him for 2 decades and one of those I suffered domestic violence and when I bought the kitchen I was mentally ill with clinical depression. However it's been almost a year now since the split and what has happened to me brought me down to my lowest point and now i am at the strongest I have ever felt.

 

All this has changed me into a stronger person and having gone through so much I'm am no longer so nieve.

 

I am a fighter and i will fight this man but I need your assistance peeps, your knowledge to beat him.

 

It's not only for me he had robbed many of their money, justice has to be done. I am a victim of his scams unfortunatley I was blind at the time.

[DizzieDiva2010]

Simply Kitchens are to blame for faulty damaged goods and missing parts. I was left without a sink because the sink they had delivered had golf ball size dents in the bowl. The kitchen was not complete. They have left me like this since the 18 February 2010 it's appauling.

[DizzieDiva2010]

All the details of this case is posted up, I need to know how to word my fight correctly without trying to seem like all I want is sympathy. I just want what's fair. My parents gave me the money to buy a

new kitchen so that it would be fit for purpose and nice to live in and use, and it's been a complete nightmare, how would you feel?

[DizzieDiva2010]

It's not my intentions to screw this company out of £3000. I have not been sent a new kitchen as ordered, I complained straight away, they have since ignored my requests to rectify the problems until I felt I had no other option but to take court action. On top of everything else it has been most upsetting for me and a traumatic experience. I have never had a company treat me so badly as this company has. Companies are supposed to be fair and keep the customer happy trying to resolve problems not cause further conflict.

 

Please read customer reviews on Vance Miller type his name into google plenty comes up in the search, I was on here last night Reading complaints from his customers.

[DizzieDiva2010]

Duplicate post

Edited October 29, 2010 by DizzieDiva2010
Duplicate post

[DizzieDiva2010]

I have purchased enough goods from various stores in my time to understand the problems and goods not being complete but never nothing like this and that is not an exageration! Poor quality you havnt seen anything until you see my kitchen and how it came. A showroom kitchen would have been a better standard as I have looked over wickes and B&Q!!!!!!!!

[DizzieDiva2010]

The fitter fitted my French Doors three years ago and did a fine job, he is a perfectionist taking his time and I was very pleased with the standard of his work. It is unfair to blame the fitter for a poor quality kitchen that is not fit for pupose.

 

The shelf fittings are flimsy and my shelf collapses so I have to be careful when lifting glasses off it.. This is what a shelf is designed for, to hold kitchen cuttlery and glasses, am I correct?

[DizzieDiva2010]

Come on guys I need your opinions on consumer rights with regards to this, it's very important this man is a fraud!