Solitary chicken - need advice

[newcountrygirl]

Ages ago I posted my dilemma on here and unfortunately it is still going on. Back in May 2013 we employed a company to fit us a new bathroom. They started in May 20th and left May 29th with some issues outstanding. We were awaiting electrical compliance certificates (which are supposed to be issued within 30 days of completion) plus we had a faulty wall unit and shower seal. Eventually in late August the shower seal was sorted . In late October the cupboard was slightly improved but not 100% as it should be - however we accepted it, as we could see no end to the matter. We were still awaiting the electrical certificates however.

 

Back in August, because the matter had been going on so long and with no contact from the company unless I contacted them - I wrote to them and said that as at that date - we were going to deduct £5 a day - backdated to 29th May until all matters were resolved. Nothing happened. In early November - we received 3 note from them in one envelope. One was an invoice stamped paid - for the 20% deposit we paid them when we instructed them. the second was an invoice for the complete works - which showed an amount of the quote as £8600 (we agreed at £8000 - hence £1600 deposit) plus an additional £275 for supposed extra work involved in addition to the quote. The third was a credit note supposedly to offset the faulty cupboard of £275 (when the cupboard itself was over £400.

 

I replied by sending a letter to say we had received these - but were still awaiting the electrical certificates. I heard nothing more from them. So in Early December I managed to find the address of the Company Directors and sent them a letter outlining everything that happened. Lo and behold two days later the Sales Manager rang to ask when the Electrical contractor could come. I arranged for him to come the next working day which he did and issued me with the certificates. While he was there the Sales Manager rang to check he had arrived and asked if he could come to see me the next day. I said of course. The next morning at 9am he rang to say he couldnt make it and would ring me after Xmas to rearrange.

After discussing it with my OH we decided to send a letter - reiterating everything once again and sent a cheque for the amount we considered we owed and took it to the post office to be sent First Class registered. This was 24th December - but we thought at least they would have it when they returned to work.

 

I have checked every day since 2nd January and it has not been collected. (I spoke to the Post Office who said - if they were closed when they tried to deliver - they would leave a card for them to collect)

 

I have sent two emails to the company asking them to collect - or if the card has been misplaced - to let me know and I will cancel the cheque an reissue it but have heard nothing. The Post Office advised that if it hadnt been collected by 12th Jan then it is classed as lost and I should cancel the cheque.

 

I dont want to speak to the company as I am so upset and angry by everything that has happened. I just cant believe its gone on so long (its a substantial sum outstanding) and dont know whether to send another cheque if I cancel the first one - or just leave it and not pay them. Sorry for the rant - any advice appreciated. Thanks

[chickencam]

I would cancel the cheque at the point that the post office declare it as lost. Have you checked that the company is still trading. I think that you can do this for a small fee maybe £5 on the Companies House website. It sounds like you may have take some legal advice, either from Citizens advice or some solicitors will do a free half an hour initial consultation to decide if it is worth proceeding further with the matter.

[merlina]

Cancel the cheque.

 

Don't send more money at the moment - as chickencam says, make sure the company is still trading.

 

If you send another cheque, send it with a letter stating that it is sent as 'full and final settlement' of the account. Write that on the back of the cheque too, with the acc number if you have one.

 

If the company accepts/cashes the cheque, they have accepted it as a full settlement of the account. If they don't cash it, then that's a point where you can negotiate what you do owe

[newcountrygirl]

Thanks. I did a full letter stating that this was in full and final settlement but it appears that they havent collected the letter. As far as I am aware they are still trading. They were up to Xmas Eve anyway. I thought that they would collect the letter and either ring me or reply to the email to say they cant find the card but nothing. Mind you - this is what they have been like all along. It's now been 7 1/2months since they did the work and left it not completed. We still owe them £6400 less the amount I am knocking off as I stated. I can't believe any company would let things just go on like this - but felt why should I pay when they havent completed the job - and they dont seem interested in sorting it out.

[merlina]

Well you could state in a future letter that you consider them in breach of contract and that you are therefore giving them a reasonable period (which courts usually consider to be 30 days), to make good all the areas which you consider to be in breach. Tell them if they don't you will get another contractor to do this work and deduct this amount from what you owe them - together with a sum for your discomfort in having an unfinished bathroom for all this time.

That should wake them up!

[The Dogmother]

Sterling advice, I have PMed you - I used to work with construction contracts and disputes

[newcountrygirl]

Thanks everyone.

[Egluntyne]

I'd get in touch with Trading Standards if I were you.

[newcountrygirl]

I did that ages ago Egluntyne. Its just been going on for so long. They finally finished the work although the cupboard is still warped and has the wrong handles, and we had the electrical contractor in to check the work and issue compliance certificates on 20th December. The Sales Manager rang me to check he had arrived and asked if he could come and see us on 23rd December. Then on 23rd December he rang and cancelled, and said he would ring straight after Xmas. We decided that we would pay them - and so on 23rd December posted a cheque together with a covering letter outlining all the dates and problems and deducting £5 per day from when they supposedly finished in May as we had stated we were going to do. We sent this by signed for delivery so they would have it for when they opened after Xmas. They have not collected the letter from the post office(for which they would have received a card asking them to collect)if it couldnt be delivered cos they closed. I then sent an email to let them know I had posted them a cheque etc. I then sent another emial asking them to collect it or if they had misplaced the card to let me know and I would re-issue. It's not because they dont want to accept the amount as they dont know what the cheque is and I havent told them in my email - just that I have sent one. I have had no contact with them since 23rd December. I today cancelled the cheque with the bank after 4pm because it still hadnt been presented and when checked with the post office the letter hadnt been collected.

 

It just beggars belief that a company would not solve problems and want payment after nearly 8 months. I have now decided that i am not contacting them again and if and when they do I will take it from there. I cant keep worrying about it. I checked to see if they had been put into administration but cant see anything to suggest it.