What can you do when things gone wrong

[daddysgirl]

Hi All

Really could do with as much help as pos, my elderly parents had some canopies installed and they look a right mess. We have wrote to the company who said they are aware of the problems and thats all we have heard. The cost of the canopies cost £13,000 what can we do next? any help would be much appreciated many thanks.

I have a blog about the probs and pictures but dont know if I post a link will I get kicked off for spamming? sorry but I`m knew to this sort of thing

 

[Alastairreid]

post the link to your blog.........

 

[daddysgirl]

here we go this is the blog I did put a message out on the website

moneysavingexperts and they kicked me off for it.

http://calamitycanopies.wordpress.com/

many thanks

 

[jag19v]

Write to the company again, giving them 7 days to react, after which time you will lodge a damages claim against them in the local small claims court. Fill in the small claims court summons form (available online) and send them a copy with your letter. Tell them exactly what day and time you will file the claim. Works every time.

 

[wotan]

To be honest writing what you did about this company, can't help feeling you may have shot yourself in the foot.
After contacting them again with a letter that would solicit a reply, the next port of call should have been the Trading standards.

Wotan

 

[daddysgirl]

Write to the company again, giving them 7 days to react, after which time you will lodge a damages claim against them in the local small claims court. Fill in the small claims court summons form (available online) and send them a copy with your letter. Tell them exactly what day and time you will file the claim. Works every time.

I thought you could only make a claim through the small claims court if your claim is under £5,000 the other thing I forgot to mention this company is based in Scotland. So can I still make a claim through the courts for the total cost £13,000??

many thanks

 

[daddysgirl]

To be honest writing what you did about this company, can't help feeling you may have shot yourself in the foot.
After contacting them again with a letter that would solicit a reply, the next port of call should have been the Trading standards.

Wotan

My dad has got himself in such a state we found the only way of expressing are frustration was writing a blog making sure that no one else let these cowboys onto their property. I usually research everything but on this occasion he didn`t ask me, it wasnt until afterwards he told me about the state of the canopies that I done a google search and found that there were thousands of complaints against them but it was too late he already had the work done. I think you are right the next port of call is Trading Standards. If they were not so far away I was going to go outside their office dressed as a cowboy with a horse lol!!!

 

[Richard C]

No wonder “moneywhasit” kicked you off their website. You may have a valid complaint & I can sympathise with your problem but never go in, “guns a blazing”, without first exhausting all normal avenues of complaint; one letter hardly amounts to that! You seem to have exploded into rage without attempting any rational routes of redress.

That sort of approach won’t get you anywhere & will probably result in exactly the opposite. Chances are they will just dig their heels in & match your “6 gun” with a “nuclear device”; posting stuff like on the internet without first exhausting all normal routes will never, ever get a positive result & could actually result in legal proceedings against you; “moneywhasit” may have actually done you a favour in removing it!

 

[wotan]

Richard C

I could not agree more with what you said “moneywhasit” were covering themselves from any legal action by removing the comments.

Wotan

 

[jag19v]

Daddygirl,

You can claim over £5,000 but would probably need a solicitor.

Doesn't matter that they are in Scotland, it's your county court that you are claiming from ( Cambridge? ). Besides you are only claiming for consequential damages so £ 4999:99 should cover the cost of rectification.

The THREAT of court action, and the possible CCJ awarded against them if you win, is usually enough to elicit a satisfactory response.

Keep calm but firm with them, don't go off on one or they may try and counterclaim against you for defamation, thus throwing up a smokescreen!

 

[Alastairreid]

Doesn't matter that they are in Scotland, it's your county court that you are claiming from ( Cambridge? ).

but if the job done to dadysgirls parents house is in Scotland does the same apply?.

 

[jag19v]

Good point, but i think if a claim is filed in Cambridge it would be heard there.


Cambridge County Court,
197 East Road,
CB1 1BA.

Court no 162

 

[IJWS15]

It is technically a claim for breach of contract, almost certainly a contract under Scottish Law.

Can be heard in Cambridge but don't expect a Cambridge based lawyer to take it - the law is different so you will need a Scottish Lawyer to cover the law issues and an English Lawyer for the process issues (been there got the t-shirt).

Probably easier to use a Scottish Lawyer in Scotland.

 

[daddysgirl]

Just wanted to thank everyone for all the advice given. So next port of call is to write to the company again and threaten to take legal action against them?

My parents are on holiday so once they are back I will give them all your comments, he did say once he is back he wants to hand this to a solicitor and as you know all they want is your money, I expect they will charge my dad £250 just to send them a letter so I want to do as much as poss without involving them.

Many thanks

 

[Richard C]

So next port of call is to write to the company again and threaten to take legal action against them?

A little advice when you write that letter. Do not get emotional; do not make threats; do not slag them off in the same way you posted the blog. Stick to cold facts regarding whts wrong, state what you are expecting to resolve the situation & when you expect it to be done by; & be more than reasonable with time scales, it will help you if you end up in court. Remember that you’re the injured party & use it to your advantage, nobody will respond well to threats, ranting’s & a kick in the browlocks. Your best ally is to be seen to be reasonable at all times; been there, done it & got loads of tee shirts!