Can I sue a company for making me lose billable time

[schater]

After all your help, I thought you deserved an update. I didn't expected this outcome ...

Social media certainly got this case moving along (yes you were all right!). After posting on social media about how rubbish their product was, the manufacturer finally tells us on the phone that we will get the report in 3 days time. Three days? Why not give it to us now? Just send it in an email. You are going to modify it I say. No way, we would never do that they say. When we do finally get the report (via the retailer who we have the dispute with), I can tell that the imbeciles have modified it. This 'report' lays no blame on the installation. We confront the manufacturer, and they admit, in an email, to modifying it - but then lie about what they changed! We know this because ... a few hours later we receive, directly from the manufacturer, the 'original'!!!!!

This 'original' does lay blame on the installer. Finally we are getting somewhere!!! Adn then, two days later we receive a letter from the manufacturer's head of legal services (??), that includes the 'original' report and warns us about making defamatory statements online. No apology, or explanation about what happened.

We are very confused at this point.

Something dodgy is going on here. A manufacturer writes a report saying one of their good customers (a shop) has not installed the product properly at a consumer's house. The shop refuses to give the report to us. We badger the manufacturer for the report. It seems that in the background the two are scheming for a solution to shut us up. And their solution was to doctor the report to protect the shop/installer.

We are still at a loss at to what has happened here. Collusion? Doctoring documents? Deception? Fraud? Falsifying documents? I don't even know where to begin.

I think I know how to deal with the retailer (e.g. small claims court). But what on earth do I do about the manufacturer, and their collusion, deception, fraud, etc, etc.??

Is this something that Trading Standards/Office of Fair Trading needs to be notified of? I've never dealt with these organisations before so don't really know their purpose.

You lot were obviously spot on about what to do last week (thank you!). Any advice on how to take this forward with the manufacturer?

[mudskipper]

https://www.citizensadvice.org.uk/co...esolution-adr/

Check whether the manufacturer or fitter are members of any trade bodies. If so, contact them. If not, try citizens advice.

[BrilloPad]

Set up a website XXXX sucks and put all your proof on there. Then keep on with the social media stuff. Point out to the head of legal services that you have proof.

What end goal is it you actually want?

[Lance]

<snippity>
a few hours later we receive, directly from the manufacturer, the 'original'!!!!!

This 'original' does lay blame on the installer. Finally we are getting somewhere!!! Adn then, two days later we receive a letter from the manufacturer's head of legal services (??), that includes the 'original' report and warns us about making defamatory statements online. No apology, or explanation about what happened.

I thought you were wasting your time.
But what has happened now would boil my piss.

1) write a letter with 'without prejudice' at the top telling them you want £xxxx in full and final settlement or you're going legal. Point out that the evidence you have is correct and threats about defamation are groundless. Also point out that courts are public and best of luck suing a judge for defamation. And you WILL go public with all evidence provided at court once the case is complete no matter what the outcome.
2) When they refuse take them to the small claims court for:
a sufficient money to put it right
b compensation of your missed revenue (+ a chunk)
c compensation of emotional stress due to being lied to and threatened with legal action

You are almost certainly not going to get b or c through the court. You might get a, but more likely they'll either cough up the realistic figure in the letter, or they'll provide a 'without prejudice' counter-offer.

[schater]

You have all given me lots to think about. Thank you.

Check whether the manufacturer or fitter are members of any trade bodies. If so, contact them. If not, try citizens advice.

Great suggestion! I've just asked the CFA for a copy of their Code of Conduct.

Set up a website XXXX sucks and put all your proof on there. Then keep on with the social media stuff. Point out to the head of legal services that you have proof.

What end goal is it you actually want?

I have considered a site exactly like that! I'll continue to mull it over. End goal was, and still is really, to get our floor fixed. But now I don't want the manufacturer to get away with what they did. As we have received no apology, I can only assume that this is their normal practise.

without prejudice

I never knew about 'without prejudice' - I've got some reading to do about that and your suggestions.

[TheFaQQer]

1) write a letter with 'without prejudice' at the top

There aren't any current legal proceedings, so there is nothing to prejudice against.

[TheFaQQer]

I think I know how to deal with the retailer (e.g. small claims court). But what on earth do I do about the manufacturer, and their collusion, deception, fraud, etc, etc.??

I'd speak to the dead tree press - The Guardian does an excellent consumer rights section on a Saturday that might be worth a shout (my sister had issues with the estate agent she bought a house through and the compensation offer went from £250 to £5500 with their help).

[Lance]

There aren't any current legal proceedings, so there is nothing to prejudice against.

It's for future proceedings. It's standard practise to negotiate like this prior to starting court proceedings.

[TheFaQQer]

It's for future proceedings. It's standard practise to negotiate like this prior to starting court proceedings.

At this stage in the proceedings (ie there is no legal argument yet), it would be crazy to make an offer of settlement from the plaintiff which cannot be then referred to in court.

One might expect to receive an offer from the defendant which is without prejudice (or without prejudice to save costs), but it would be very silly at this stage for the potential plaintiff to detail their requests (which may or may not be reasonable) in a way which prevents them from ever being able to show in court that they tried to be reasonable.

[Lance]

At this stage in the proceedings (ie there is no legal argument yet), it would be crazy to make an offer of settlement from the plaintiff which cannot be then referred to in court.

One might expect to receive an offer from the defendant which is without prejudice (or without prejudice to save costs), but it would be very silly at this stage for the potential plaintiff to detail their requests (which may or may not be reasonable) in a way which prevents them from ever being able to show in court that they tried to be reasonable.

Fair enough. You make a sound argument.