Legal query

[d000hg]

Hello o brains of CUK, I seek thy wisdom on a serious matter!

We've ordered a bespoke log cabin from a UK company. We sent our design A to them and got a quote. They sent us their 'approved' design B for us to approval. They made some small but annoying changes but didn't mention them to us and we didn't spot them until after we'd approved design B and paid 50% deposit.

When we did spot them, we contacted the supplier to see if they might be corrected. We were not given any substantive answers but were given design C, the final plans sent to manufacturing.

Design C introduced a substantial change to design B which is a big problem. In hindsight they probably meant to include it in B but did not.
We immediately contacted them to tell them this was a big problem and were then fobbed off for nearly two weeks, until we suddenly received an email "your order is delivered to the UK ready for shipment, please pay the balance".

A week of increasingly urgent communication went by before they finally replied to say the chance was in the plans we signed off... Sorry but it is now constructed and shipped.

We do not have the time to wait months on this and have no idea how to proceed. Accept delivery then fight it? Leave it in their warehouse while we fight? Hire a solicitor?

Sorry to pollute General with a serious matter but I'd appreciate opinions.

Sent from my ONEPLUS A6003 using Tapatalk

[Gibbon]

Go to citizen's advice first, they've helped me out a few times.

[northernladuk]

I'm guessing this cabin is not cheap and I'll assume the changes are too big to just be ignored.

On that basis I'd be spending a few hundred quid on proper solicitors advice and go in big and hard.

[BrilloPad]

I'd be spending a few hundred quid and go in big and hard.

Paging NLyUK....

[Snooky]

If design C is what was made and will be delivered, and is different to design B, then they're not providing what was agreed so personally I would contact them immediately explaining that I will not accept delivery and will be cancelling the order and recovering all monies unless they can confirm that design B will be supplied. As for going back to design A, you missed the boat on that one I reckon.

Of course they will dispute this and try to avoid a refund / replacement. Hopefully you paid some or all of the deposit on credit card so you should be covered under Section 75, even if other avenues such as the Distance Selling Regs are unlikely to apply (bespoke product).

But I'd start off by giving them immediate fair warning that you will not accept the building as it's not built to the agreed design.

[Jings]

Hello o brains of CUK, I seek thy wisdom on a serious matter!

We've ordered a bespoke log cabin from a UK company. We sent our design A to them and got a quote. They sent us their 'approved' design B for us to approval. They made some small but annoying changes but didn't mention them to us and we didn't spot them until after we'd approved design B and paid 50% deposit.

When we did spot them, we contacted the supplier to see if they might be corrected. We were not given any substantive answers but were given design C, the final plans sent to manufacturing.

Design C introduced a substantial change to design B which is a big problem. In hindsight they probably meant to include it in B but did not.
We immediately contacted them to tell them this was a big problem and were then fobbed off for nearly two weeks, until we suddenly received an email "your order is delivered to the UK ready for shipment, please pay the balance".

A week of increasingly urgent communication went by before they finally replied to say the chance was in the plans we signed off... Sorry but it is now constructed and shipped.

We do not have the time to wait months on this and have no idea how to proceed. Accept delivery then fight it? Leave it in their warehouse while we fight? Hire a solicitor?

Sorry to pollute General with a serious matter but I'd appreciate opinions.

Sent from my ONEPLUS A6003 using Tapatalk

You sent them a design A, which will be considered as an outline specification of your needs.

They, as the actual designers, sent you their proposed design B, which is their offer for what they can do to meet your needs. Clearly it was not the same as your design A, therefore they requested your review and approval of design B. This approval you duly gave. You accepted their offered design.

After design B was approved, deposit paid and works underway, you spotted something you didn't like but had failed to identify in your review and approval of design B.

- So far, so straightforward. You're completely on the hook for works you approved and ordered, even if it turns out that it isn't what you actually wanted. Design B is what you ordered.

Now it gets interesting.

It is important to fully understand what happened between design B and design C. After approval and commencement of design B, you raised some points to the supplier.
- what were the points raised on design B and how were they communicated?
- did supplier respond individually to the points you raised, or...
- did supplier simply issue design C in response to your queries?
- did you approve or otherwise accept or agree to the production of design C?

When you paid the deposit for design B, what were the agreed production and delivery dates?

When did you raise the queries on design B?

When did supplier issue design C?

When did you raise concerns on design C? (I know you said "immediately" but...)

What form did the "fobbing off" take? Do you have a correspondence trail?

Did the actual production and delivery timeline of design C match the (agreed) planned production and delivery timeline of the approved design B?

Has supplier provided any claims for extra costs for the change from design B to C?



The best thing for you to do is to set out a comprehensive and detailed timeline of events and communications. Then check the T&Cs of the contract you signed, particularly about changes post-contract. This sort of stuff is my bread-and-butter, and I'm happy to help, but if you want more help here we're going to need more details. Otherwise work up answers to my questions and take them to a solicitor for a first review.

[DimPrawn]

Hello o brains of CUK, I seek thy wisdom on a serious matter!

[MyUserName]

Sounds like what my father in law went though a year or so ago!

[FIERCE TANK BATTLE]

Citizens advice are really good, they'll even contact the company on your behalf if you want.

But ultimately you need to write to them asking to fix it with recorded delivery, explaining how you want it put right. Then if they refuse to budge, you need to send a Letter Before Action stating that if they don't comply, you'll move forward. Explain all your reasoning and evidence. Ask them if they're a member of any professional body that has a mediation service (citizens advice will explain all this).

If they are, contact the professional body and arrange mediation. If not, proceed to small claims.

This is the only thing you can really do, but stating your intentions and reasoning clearly will probably be enough to kick them into gear and get them to settle it.

[Paddy]

Hello o brains of CUK, I seek thy wisdom on a serious matter!

We've ordered a bespoke log cabin from a UK company. We sent our design A to them and got a quote. They sent us their 'approved' design B for us to approval. They made some small but annoying changes but didn't mention them to us and we didn't spot them until after we'd approved design B and paid 50% deposit.

When we did spot them, we contacted the supplier to see if they might be corrected. We were not given any substantive answers but were given design C, the final plans sent to manufacturing.

Design C introduced a substantial change to design B which is a big problem. In hindsight they probably meant to include it in B but did not.
We immediately contacted them to tell them this was a big problem and were then fobbed off for nearly two weeks, until we suddenly received an email "your order is delivered to the UK ready for shipment, please pay the balance".

A week of increasingly urgent communication went by before they finally replied to say the chance was in the plans we signed off... Sorry but it is now constructed and shipped.

We do not have the time to wait months on this and have no idea how to proceed. Accept delivery then fight it? Leave it in their warehouse while we fight? Hire a solicitor?

Sorry to pollute General with a serious matter but I'd appreciate opinions.

Sent from my ONEPLUS A6003 using Tapatalk

You need to read the small print