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josh010

Installation of summerhouse.

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Please can someone advise me on a rather disturbing matter as follows I would be most grateful indeed.

 

 I took out a contract with a shed Company for the installation of a summerhouse at the bottom of my garden.

We had two site visits in total from them to check and clarify that the job could go ahead.

The order date was placed on 6th September 2019.

 

We had agreed with our salesman, that employers from the company would come out on agreed dates.

We agreed the following dates with Bentley directly.

 

On Wednesday 30th Oct and Friday 1st and Mon 4th Nov; this would include moving and dismantling the existing shed and erecting the new summer house.

The total amount was agreed and signed for £6470, with a deposit of £1941 (paid full in cash via bank transfer).

 

A finance agreement was drawn and signed with confirmation of our finance successfully going through.

This was a 0% interest deal, over 3 years.

This had all been processed by 10th September 2019. 


On Wednesday, two men arrived and they dismantled the existing shed.

The potting shed was disposed and everything ran smoothly.

 

During our discussion with David Missen (who was our main source of contact) it was agreed that 4 men would come to move (temporarily) the storage shed and then start building the summer house. 

 

Today (1st Nov 2019), two men arrived and from the immediate start there was instant hostility.

The fence panel (to allow the men access to the garden) had already been removed.

 

I went out, leading the way into the garden and the two men drove their truck around the corner so they could park their truck, expecting them to start.

Within minutes one of the men had stormed across the garden, into our patio door, banging the living room door, declaring they could not complete the job. 

 

In his words, the storage shed was full of "shit" and it wasn't a two man job, "we need four men."

At this point I was made to feel vulnerable and threatened by the tone of his voice.

 

I remained calm and explained that we had paid for this installation and in regards to the contents of the storage (electrical items which haven't been left outside because of the current rain) I would move these as soon as they were ready.

 

By now the second man had joined him and they proceeded back down the garden, now stating "what about all that shit?" in reference to 15 bricks and a plant pot.

I was at this point feeling highly intimated by this point but also angry at their rude demenour throughout this whole process. 

 

I resorted to saying that this was their job and didn't know they expected me to level out the ground for them, to which one of the men replied "up to you mate."

My wife (who was indoors) had now started to walk down the garden path, when both them declared I had been swearing at them upon noticing her arrival (no one else was at the bottom of the garden during the above description).

They had arrived at 10.15am.

They had left by 10.30am. 

 

We rang the office 4 times immediately after this episode.

At 1pm, following our calls, a man called Jon arrived offering a resolution.

 

His resolution was that we were prepared to have a base installed and the summerhouse would be built at a later date.

Jon was sympathetic, friendly and did state that the job wasn't a difficult one and he couldn't see what the issue had been.

 

We stressed that we did not want the two men who arrived today and if there was no one else, then they must be supervised.

Jon (without any agreement of a resolution) stated he couldn't do anything about the men and nothing would be done in terms of supervision if the same men were to return.

Jon stated that we would hear from him at 3.30pm/4pm.

 

At 1.31pm we recieved an email from Hitachi Finance Company to say our finance agreement had been cancelled. 

 

We sent a corresponding email to clarify if our summer house was still going ahead.

At 4.26pm Iain Bentley (Managing Director) stating ""Chris and Luke the two men who came today would not return because of your abusive behaviour.

We are no longer able to fit the Timber frame or carry out moving of the existing shed.

 

...to move forward, The building is now made, it cannot be cancelled as it has been produced bespoke requirements therefore you are liable for the full amount as per our terms and conditions. £3440.50 is the balance owed."

 

I am in complete awe and in disbelief that I have encountered this horrific episode.

The message from Iain Bentley clearly declares us as the abusive perpetrators who are being held for behaviour and actions which were never committed. 

 

Any of the emails referred to or referenced in this email can be provided in full, upon your request. 

I implore you to help my family and I come through this nightmare as the distress this has caused is unimaginable. 

 

They have now demanded full payment and cancelled the Finance and also advised us we have to pay cancellation charges and owe the full amount or the summerhouse will be destroyed and we will still owe them the full money,

 

is this allowed in law and what can I now do to take this matter up within the Courts.

 

 

 

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is the installation part of the contrat price? If so then as they wont install the summer house they are in breach of contract and at best the whole thing is said to be frustrated as neither can continue with it. tell them that as there is now no contract it is not possible t refer to nay aprt fo somehting that doesnt exist.

 

I'm sure that they will make a lot of noise to bully you into paying as their employees ahev so far sucessfully bullied you into letting them do nothinga nd walk off the job.

 

You need to put things in writing to state where you are from your point of view and that si they are refusing to abide with the agreeement and install the summer house as per specification.

Now they might accept that and then say that they get to keep the deposit but that isnt so either. their losses are actually quite minimal at this stage because the summwer house is still a kit made to a common pattern from common materials so they can easily sell it on so we are talking about an hours labour by the 2 rude men as being the only actual loss.

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Thank you so much Sir

Your kind assistance is very much appreciated 

 

I have noted the matter and have written to them accordingly.

 

God bless

 

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Hi 

 

I have now received a letter from them stating get the base done from another Company or they will sell the shed and recover what they can and the remaining debt will be mine, they have lied about me being abusive to them and stated the contract for the shed cant be cancelled, yet they have cancelled the finance and the base, but now say they will also sell the shed and pass the debt to us, is this real?

 

I am at a loss as to what the hell they are doing?

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they are saying that they are keeping the money you have paid and if you make a fuss they will claim you owe them more.

 

The reality is they are miffed at losing their commission for the finance agreement and the risk is now shoved onto their shoulders rather then the finance house.

 

they arent saying they are going to sue you, just deem that you owe them money.

 

Now if they do sell the shed and get more than it actually cost them to make will they pass on the profit to you? of course not so this threat is nonsense.

 

what do you want to do?

doing nothing and accepting the lost deposit is the easist, you can sue for the money back as they changed the terms of the contract after getting your agreement and thus repudiating the contract or they may try and sue you but they then risk a judge making them return your deposit money.

 

I suspect they will make noise and maybe write again telling you the sky is going to fall in but actually do nothing  because they arent actually oit of pocket

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Hi Thank you so much Erics brother

 

They have sent the letter below

confirmed that we are wrong

 

we have not accepted this and are considering to take Court Action as their terms and conditions seem unfair as well as the Cancellation of the contract.ir

 

Please advise if they can do this and how we can pursue this matter now:

 

We can only assume that as you have not replied to my previous email that you do not require your building to be delivered and erected. I did offer you an alternative contractor to fit the base however to my knowledge you have not contacted him. We do need to know your intentions regarding your building as we will (as explained) sell your building for whatever we can achieve for it leaving you liable for any shortfall from the original purchase price less deposit paid.
 
Mr Bentley has taken legal advise, giving them the full and unfiltered facts about this purchase and our legal experts have left us in no doubt that we are acting fairly and within the law in pursuing this matter. They are looking forward to receiving the paperwork from your solicitor.  

 

As per our terms and conditions paragraph 10.  Cancellation: An order for a building or services can be cancelled at any time up to commencement of the work. Cancellations are subject to a cancellation fee of £50 + VAT. Once manufacturing of the building or installation of the services has commenced, you will remain liable for the full balance.

 

They said they can not refund the money and will now sell the shed and any loss we incur will be our fault, we have continuously advised them that they cancelled the agreement and as a result their actions are not right, they just dont seem to care, all these owners are Councillors and Mps of this shed Company I have written to the s Standards, and they have not responded to date.

 

this is our response to the above:

 

there was no abusive behaviour and no one was treated by us disrespectfully these are fabricated matters not to carry out the work, we ask them to swear on oath the abuse and the behaviour they allege and if they felt threatened why was the police not called.

 

The Job needed 4 men to lift the shed and not two, this was the issue and we confirmed this with you, the workers refused to lift the shed and were told to get their manager, the manager arrived and left being here 25 Minutes and told us he will find a way forward- 

 

Mr Bentley cancelled the Finance agreement, the Contract with Bentley's if for 0% purchase agreed on the contract, and formed the contract which is cancelled, pleas see that you deal with this point as you seem to disregard this and this matter is what the Court will now look at.

 

We have now passed the matter to our solicitors and we have concluded that there was no resolution as you have cancelled the contract and then used Sec 10 to cancel your own contract, this is a unfair term, especially considering that it was bought on 0% finance and this too was cancelled by Mr. Bentley, therefore by the time you got involved, there was no reasonable offer to resolve the matter and it was indeed a farce to show the Court some form of action was taken by Bentleys, when in fact the Rug had been pulled from our under our feet by Mr.Bentley.

 

We are unable to accept Clause 10 as this was never confirmed to us as the reason for the Cancellation of the Finance and the agreement, any loss incurred by us will be the responsibility of Mr.Bentley which we have already detailed. Indeed the Contract is So unfair we will ask the judge to release any of the contracts made by Bentleys as this is a Unfair condition which is illegal.

 

We thank you for trying to resolve the issue David, but Mr. Bentley has been less than considerate in this matter regarding the above and the Judge needs to consider these actions and our position. The only way to resolve this is to put the 0% in place, install the base as agreed and then install the summerhouse, however we are now not prepared to deal with Mr,Bentley as he has already left us out of pocket and we have no confidence in his ability to assist us.

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Did you think they would send a letter saying that they werent wrong?

Cancellation fee is unlawful anyway and that is enough to make the rest of the contract unenforceable.

time to stop being polite

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Thank you so much ericsbrother, I have submitted a claim on line today sighting the Cancellation of the CCA 1974 agreement which caused a fundamental breach of the contract in addition to the lack of work they did not do.

 

I am told they must reply by 04 Feb unless they ask for a extension, I have stated all on the form so hopefully it will be considered fairly as we have acted reasonable at all times.

 

 

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and now you must be single minded.

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HI Ericbrother

 

I have waited for a response from the other side, they have failed to respond by the deadline of 4pm today, unless of course they have written to the Court by post, I have therefore requested a Default Judgement, accordingly I am now awaiting the Court to finalise this to be issued if they have not responded in mail, and hope that they will enter the judgement.

 

I will then approach the board for further advice.

 

Thank you

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Check online and get the judgement if it isnt already there. They may well appeal this but that will cost them

Prepare as though they are defending but go after them as debtors. If it is more than £600 get the matter sent to the High Court for enforcement, will cost you £60 but will cost them loads more.

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Thank you so much ericsbrother, you help has been very much appreciated.

 

God bless you

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HI there I have just received this from the Court I have checked thier registered address online and this is on Companies house address so I am not sure why its been unserved? any advice appreciated

 

 

Good morning,

 

Please find attached your claim pack returned as ‘un-served’. The document is nevertheless deemed as served unless the address given on it is not the relevant address for the purposes of rule 6.18 of the Civil Procedure Rules (CPR). The CPR can be found at http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/menus/rules.htm

 

 

What do I need to do next?

 

  • If you are confident that the claim form has been served correctly, no further action is required in order to serve the claim form (please ensure that you have checked your claim conforms to the CPR Part 7E (4)).

 

  • If the Defendant has not responded to your claim, you may proceed with the case in the usual way and request Judgment through your online account.

 

  • If the defendant’s address needs to be amended and the claim re-served, please follow the below guidelines.

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It is deemed served so you carry on. I they have refused it or given false detaisl to CH then that is their look out.

Howevr, it does give you problmes when trying to enfoce the court order unless you know they are still at the address. Often a registered office is just a PO pick up

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Thanks so Much ericsbrother I have attached their accounts and this is their registered address I have not put in Ltd but the Court advised as the name is the same as who I am suing  and the address is as recorded then they will issue the claim as served.

 

They do have several addresses of business as I could only list one I had to put the one registered in Companies house, this is their Accountants address and it appears their accountants refused to accept the claim and returned it as not known at address ?

 

I will keep you posted and thank you for your kind help 

application-pdf bentleys registered office.pdf

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Your document has a business address in Loughborough Road, Wanlip. Have you ever been there or did they always come to you?

 

HB

 

 


Illegitimi non carborundum

 

 

 

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Hi no we have never been to their site it was all done via online and via emails, the address for the Company was obtained via Companies house, as we can only put one address on the claim they advised that is should be the Registered address, which is on the documents with Companies house as confirmed.

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We have also sent LBC emails and the pre action letters to them via email, with the Registered address on top of the emails, they have never stated that this was not the correct address, for them. But  the situation is they have been afforded every opportunity since November 01 2019 to refund the deposit in full, they instead want to keep hold of this, then charge us for any loss they make in the sale of the Summerhouse which they cancelled the Finance on, its so distressing as we saved up to have the Deposit and only bought the summerhouse for our 35 Wedding anniversary, now we have nothing and a 1670 loss of deposit and any lack of care from this Company whatsoever, its so bad its making us ill.

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2 hours ago, josh010 said:

Thanks so Much ericsbrother I have attached their accounts and this is their registered address I have not put in Ltd but the Court advised as the name is the same as who I am suing  and the address is as recorded then they will issue the claim as served.

 

They do have several addresses of business as I could only list one I had to put the one registered in Companies house, this is their Accountants address and it appears their accountants refused to accept the claim and returned it as not known at address ?

 

I will keep you posted and thank you for your kind help 

application-pdf bentleys registered office.pdf 114.4 kB · 3 downloads

 OMG does this mean they cant be enforced against, despite being wrong to record this or can we sue from the site they do business from, or do we have to re send the claim with the Business address, its so confusing as they surely cant use a Registered Office and run a business in the UK without any comeback from the courts, when they have Sites where they trade but use a Accountant to list as the Registered address, we are so confused with law in this Country its just not clear or seems geared towards costly legal formalities when it should be there for the general Public, in time of need

 

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It may not be as bad as you think. They seem to have been in business for a while.

 

HB


Illegitimi non carborundum

 

 

 

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Hi default judgement still not entered on line, ten days tomorrow since request, we sent proof of the address on 10 February 2020 but have not heard anything, then a email arrived stating:

 

As we haven’t heard from you for some time I am contacting you with regards to the way forward with your order.

 

We need to agree a delivery date by 1st March 2020 for delivery of your building which, as explained, cannot be cancelled as per our terms and conditions of sale - you remain liable for the whole of the balance.

 

We will be invoicing you for the outstanding balance on 1st March 2020 having already provided you a considerable amount of time to organise a suitable base to be prepared and for you to allow us access to deliver your building.

 

The balance will be due for payment 7 days prior to 1st March 2020 as per our terms and conditions. If you continue to ignore your contractual obligations, we shall be left with no other option but to instigate proceedings against you for the balance owing, ongoing storage costs, and any costs relating to said litigation.

 

We look forward to your response without delay, in order that we can fulfil your contract with us.

 

--------------------------------------------------------------------------------------------------

WE ARE not at all happy with the way they have treated us, and would be obliged for further advices/ from CAG please

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We have now received the Judgement and sent it to the High court enforcement officers, it looks as though he got a copy of the judgement and sent the letter out above, we have also reported them to their Party for Harassment as they sent someone to our house demanding payment and a letter typed up as above.

 

We now await the enforcement and we understand they will try and get it set aside, so we do not know how they will manage this as we have waited for the refund since November 2019 and all they have done is threaten more action for their failures, its unbelievable.

 

All advice appreciated as always

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after the Shed Company have sent the above email they sent another email and made a visit to our property with the same letter stating they will need to Invoice us or take legal action within 14 days, we are now feeling that we have been harassed since 2019 and that the Director has personally been involved in this harassment of us, by cancelling the finance, then constantly threatening legal action since 2019, when in fact he has no legal basis to do so, we would be obliged for advice, we have informed him that the actions to date amount to Harassment.

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“Please feel free to issue legal proceedings, if only to bring this matter to a close, since this matter has already been considered by a court (where you could have responded, with the papers being sent to your Company’s Registered Office, which suffices at law).

 

Our response to any such claim will be to invite the court to consider the matter as arising from the same particulars as our claim against you, thus ‘res judicata’, and therefore invite the court to reject any such claim.”

Edited by BazzaS

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Thank you for your advice BazzaS I am now awaiting the matter to be enforced and have contacted bailiffs as he has no intention of returning our Deposit as is clear from his letters and emails

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