Pursue supplier further or small claims court?

guideanna

Hi All,

Looking for some advise on how to proceed;

I built a house apx. 4 years ago, and during the winter i noticed one of our windows taken in water and the frame has warped.

I contacted our supplier who assured me that they would replace this for us and correct it.

I have since had nothing bout trouble trying to get in touch with the him. It's a small company so i don't have anyone else can deal with.
I'm trying to get him to agree a date to fit as he told me weeks ago that the piece had "come in", am being fobbed off with excuses left right and centre, this has been going on for apx 2months now.

He won't answer my calls unless i ring from a different number or go "private" so i know he is avoiding me now.
I basically now am fed up chashing him and just want to find out what can i do.

I've looked for the receipt for the windows but can't find one and am actually not sure if we even got one as i would usually keep those things, all i have is the order form with the spec of each window which has all his company's details on it so least that's something.

Any advise on how to proceed?
Small claims court? I don't even know what the window in question would be valued at but i also need to get a written spec for the windows off him so we can obtain our BER cert and he hasn't provided this for me either.

goz83

You might find that a face to face meeting will work.

endacl

Also, bear in mind that the limit in the SCC is 2K. If it costs more to put right you'll have to make up the shortfall yourself.

Pat Mustard

guideanna wrote: »

Any advise on how to proceed?
Small claims court?

If you find out the cost of remedying the defect overall and then rang the small claims registrar in your local district court, it is possible that he or she might be quite helpful to you with general advice regarding how to proceed in a small claim.

guideanna

goz83 wrote: »

You might find that a face to face meeting will work.

If i can't get him on the phone i highly doubt i'll be able to get hold of him face to face unfortunately.

guideanna

Pat Mustard wrote: »

If you find out the cost of remedying the defect overall and then rang the small claims registrar in your local district court, it is possible that he or she might be quite helpful to you with general advice regarding how to proceed in a small claim.

ok thank you. Do you think it would be a problem if i don't have my receipt though. I can will have the bank transfer details or cheque stub from when we paid him etc and so far he has been "playing along" with replacing it, just that i know he's avoiding it now for whatever reason.

Should i tell him by text or email that i am planning on taking it further and see does that do anything. i don't really want to get nasty with him about it but i do want my window fixed, this side of summer!!

Pat Mustard

If you don't have your receipt, then perhaps you may have other evidence, as you pointed out. You could also take photographs.

You are asking if you should contact him again, where contact has failed previously. When solicitors act, they usually make prior contact with the other side by way of letter before action and then drive the action towards a hearing date.

guideanna

i didnt realise i would need a solicitor if i went through small claims court?

I know i could claim for that expense but thought it would be easier just go through small claims, can't see price of a replacement window being over 2k, given that i know how much the whole house cost me at the time.

endacl

guideanna wrote: »

i didnt realise i would need a solicitor if i went through small claims court?

I know i could claim for that expense but thought it would be easier just go through small claims, can't see price of a replacement window being over 2k, given that i know how much the whole house cost me at the time.

You don't. The process is set up in such a way that the ordinary punter can fill out the form and submit it with the nominal application fee.

http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/4d0bf6c6ca50c813802576a5003adcdc/$FILE/Schedule%20C%20-%20Form%2053A.1-ws.pdf

Pat Mustard

guideanna wrote: »

i didnt realise i would need a solicitor if i went through small claims court?

I know i could claim for that expense but thought it would be easier just go through small claims, can't see price of a replacement window being over 2k, given that i know how much the whole house cost me at the time.

As endacl said, a solicitor is not necessary.

I was attempting (rather clumsily) to point out that solicitors tend to write letters before action and that it might be a course of action that you might want to consider.

guideanna

Ah i see, thanks.
Don't really want to get solicitor involved as this is going to cost me money i don't really have, small claims should well cover the cost of the window.
I've emailed my queries to the local courts office email address i found, the website is a bit confusing.
Hopefully i can get sorted.
Thanks for the advice guys. Wish i didn't have to go this route but when the supplier is clearly playing me a fool i feel i have no option.

endacl

Detail everything you can about times and dates of attempted contact and steps you took to resolve the situation, to the best of your recall.

Best of luck with it.

goz83

guideanna wrote: »

If i can't get him on the phone i highly doubt i'll be able to get hold of him face to face unfortunately.

You may find him very much available if you jnew he was meeting a "new client";) at his workshop for a quote and you just happened to be there when the new client failed to turn up. :pac: