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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26001
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I ordered a new fitted bedroom from Starplan costing £4,000

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I ordered a new fitted bedroom from Starplan costing £4,000 in Dec 2012. They then sent out their experienced fitter to take the measurements and as I was at work my mother was there to allow them access. They took the measurements and confirmed an installation date at the beginning of Feb by text. I was not contacted at all by the designer or fitter. I paid in full 2 days before the installation date and took a day off work for the fitting. The fitters found that the right hand wardrobe was significantly narrower than the requirement and although they said they could infill the gap I said for the price I had paid I wanted a wardrobe that fitted with the correct measurements. Over the next 2 months I contacted Starplan on a weekly basis being passed from one person to another each saying it would be fixed. I was told they had to get internal approval for a new wardrobe to be built - not my problem! Finally I contacted the installation manager who seemed to be sorting the issue out. Then I heard nothing for a couple of weeks despite leaving messages and eventually called the showroom and was told he had been sacked. At no point did anyone from Starplan contact me I had to chase at every stage. Finally in April the regional manager got involved and came round to my house with a fitter to take the correct measurements. He was very apologetic for all the inconvenience and confirmed that the priority was to complete the wardrobe installation and then he would discuss some sort of compensation. I then received a text (nothing at all received in writing) confirming the new installation date of 15th May. I took another day off work and waited for them to arrive. When I heard nothing by 9:30AM I again called them and was promised a call back with an approximate time. By 10:15 no call back I called again and was told to my annoyance that there was a "problem with the paperwork" and the fitters wouldn't be able to install today. A new date will have to be re-scheduled. I've asked for the regional manager to call me back but want to understand what my rights are as I've paid in full in advance. I've considered asking for a full refund but I have a half finished bedroom and just want this nightmare to end!!

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Could you confirm what your preference would be at this stage please. Would it be a refund or for the work to be completed?

Customer:

the work to be completed but some sort of compensation for the inconvenience and time take off work

Joshua :

Thanks. Other than the various dates you have received for fittings by text and so on does your agreement provide for any timeframe in which the product would be fitted by? i.e. did they agree fitting within 2 months when you placed your order or was nothing specific agreed?

Customer:

they gave an estimate of within 8 weeks subject to what slots they had and the manufacturing time but nothing in terms of a guaranteed by date

Joshua :

Thanks. First and foremost, you agreement with the company is determined by the terms and conditions of your agreement with them. Consider reviewing a copy of their terms and conditions to see if the same contains any rights which you can seize upon. It is not likely that it will because such terms are drawn by the company and therefore tend to be more favourable towards them not you but nevertheless it is worth checking the same. More usefully however terms are implied into your agreement by virtue of the supply of goods and services act and also under Common Law. Terms are implied to the extent that the work carried out by the company must be of reasonable skill and quality, and that where no specific timescale is agreed, the work must be carried out in a reasonably timely manner

Customer:

so any compensation would just be goodwill on behalf of the company not wanting bad customer feedback i guess

Joshua :

From what you say they are in breach of contract in that they have failed to exercise reasonable skill and care and have failed to deliver the product in a reasonable time. In addition if you have had to take time off work in order to wait in then you can claim damages for your time.

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