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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33037
Experience:  Award winning lawyer with over 15 years experience
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I wanted some cushions made conservatory suite, I loaned the company my old cus

Customer Question

I wanted some cushions made for my conservatory suite, I loaned the company my old cushions to use as templates to get the shape, size etc, two of the single seat cushions they made for us were not correctly fitting approximately 30mm short on the width and do not fit correctly in the seat base. I had paid £40 cash deposit and the full balance by cheque when my wife and I collected the cushions. I have since cancelled the cheque but have offered to pay in cash the full amount when the two replacement cushions are delivered and fitted correctly.
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Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.
what is your question?
Customer: replied 2 years ago.
HiWe are not sure how we stand or respond to the Upholsters belligerent tone and refusal to replace the two suite cushions that don't fit.Our question is what are our rights at this stage
Customer: replied 2 years ago.
Am I communicating with you correctly? Have I clearly explained our problem?Regards
Customer: replied 2 years ago.
My question is: Two of the seating cushions made for our conservatory suite do not fit! do I have to pay the balance I agreed to pay to have the cushions re-upholstered?Regards
Expert:  Thomas Judge replied 2 years ago.
If they cushions fall to meet the specifications or quality then the provider is liable to make good. You can threaten where necessary court action if you have paid money and they refuse to give it back to you (I am unclear if you have paid yet) and that can be done in the small claims court
Expert:  Thomas Judge replied 2 years ago.
I hope this helps.
Please remember to rate positively.
Customer: replied 2 years ago.
The provider has re-made the two cushions that didnt fit. I have said that if he brings the cushions (his unit is 2 miles from my home) and fits them to my chairs to ensure that they fit I will immediately pay him in cash the balance of the a full amount owed £324.42. I have already paid a £40.00 deposit.and agreed to pay an additional £15.00 included in the sum above as a goodwill gesture covering some of the cost of re-making two cushions.
He is refusing to deliver and fit the cushions, instead telling me that I have to collect the cushions and pay him the total balance £324.42 in cash before I take them away.
We have exchanged several letters and I have said several time "I want to pay the full amount" but I want to ensure that they fit first.
He is now threatening to take me to court for non payment.How do I respond to this please?
Expert:  Thomas Judge replied 2 years ago.
Was it part of the original contract for him to fit them?
Customer: replied 2 years ago.
Hi thank you for your reply.
They are lose cushions and only need placing in the chair frameA collection and delivery service is offered on his website I have copied and pasted the exact wordingDO WE HAVE TO PAY FOR COLLECTION AND DELIVERY ?
No we offer a completely free collection and delivery service to the room of your choice.All work carried out by skilled craftsmen and fully guaranteed
Free collection and delivery service
Expert:  Thomas Judge replied 2 years ago.
It seems that you have two options. Pay the sum owed on the proviso that he will attend and replace the cushions etc within 14 days if they do not fit - I would put this in writing and set out your concerns. The other option which would it appears take longer - is put in writing that you will pay if they fit and you are fully satisfied etc - clearly if they do not fit you can take him to the small claims court for your money back in any event.
Expert:  Thomas Judge replied 2 years ago.
I am trying on your behalf to be as pragmatic as possible. Please remember to rate positively