Lying double glazing men! Help!

[EggInABap]

Hi all

Sorry if this is in the wrong area.

I had new double glazed windows and doors fitted yesterday. They completed the work whilst I was out and had left before I got home. Very pleased with the windows.

I called the company whilst I was at work to make payment (rather trustingly before seeing the final result, as they had done the upstairs on Monday and I was so happy with that I didn't foresee any problems). I paid £2740 on my bank visa debit card and £850 on my credit card.

When I got home I noticed my sofa, which is normally up against the wall, had been pulled out about 4 inches and moved over 5 inches. When I moved it back I saw a huge chunk taken out of our laminate floor. So basically rather than having the good grace to let me know they decided to try and conceal it. The sofa is nowhere near the window and there was no reason for them to touch it.

I called them at 9 when they opened, they have just called back to say it was there when they got there. As you can imagine I am fuming. So my word against thiers.

The chap who was here is coming back Friday morning to have a look. But if he is already lying what good will that do.

Can I get either the bank payment or credit card payment reversed? I have a feeling they would be quicker to sort it out and accept they are wrong if they haven't been paid in full!

Thanks

Pendeen are you actually a lawyer because you don't quite seem to be grasping the concept of standards of proof? The OP does not have to "prove" (in the way most people understand prove to mean) they damaged the floor she just needs to show it was more likely than not that they did. That is entirely possible even just on her word.

And yeah of course it's possible that I could be claiming professional experience that doesn't exist to make outrageous claims about the likelihood of success in a small claims matter (not to mention all the other legal threads I contribute to) but frankly if I was going to lie I'd probably be a bit more imaginative.

Anyway I can't be arsed to argue so I'm out- good luck OP

I was told 10 years ago, by a now forgotten but was a reliable source, that making a small claim, was not worth it as there is no enforcement procedure and if the jugement is not complied with, there is nothing you can do. Doubt if it's any different now. I have had so many fob-offs , including one who told me that it was my responsibility to accept that anyone doing work for me in the loft would damage/crack my plasterboard ceilings, and one of the men was 20 stone, and of course he would damage the ceiling, I should have accept4ed that and they had no responsibility all !!!!!!!! It was a man telling me a lone older woman. I had no proof that the ceilings were not already like that, so gave up in disgust.

If you can cancel their cheque, it probably will, but they could get really nasty

There are ways to enforce a judgment, and companies do not like having a judgment on their records, so don't let that put you off - go for it!

FWIW, If you do issue proceedings against them, they will more than likely settle with you out of court before the hearing.

SaraBellumHertz I 'grasp' the concept quite well, do not make any claims to be a lawyer and agree you could be more imaginative.

My point as regards proof was actually not what you seem to have assumed (I thought it was clear enough) however I also agree our exchange has become stale so, from me as well, best of luck OP.

Ok so they came back yesterday morning. Claimed the damage was already there, as predicted.

They said they had pulled the sofa out to tuck the dust sheet down the back of it. When I asked why they had also pushed the sofa over 4 inches towards the windows they just mumbled. It was this that concealed the damage you see.

Anyway I told them I was getting a quote for the replacement and that their company will be paying. The chap who laid the whole floor only charged £120 so I can't see this costing more than £40 to fix.

So maybe I got a bit too wound up in the first place, it's all getting sorted now and they are paying, that's the main thing! Thanks for all your help.

Very good news indeed OP, very pleased for you. :)