New drive

[Cahu58]

Hi was wondering if anyone could help... I had a new drive laid yesterday which isn't the colour of resin I chose. They provided me with a sample and I agreed that was what I wanted however it's completely different.

They agree it's not what I chose and that the sample is different but because it has the same name as the sample they gave me they think there isnt a problem.

They offered to take £500 off the price or re do it.... I asked for it to be redone and they then got nasty and said I was the most awkward customer ever and I'll be hearing from their solicitor.

I haven't paid anything yet... any advice welcome.

Free drive, happy days!

Is their offer to discount or redo it in writing? You'll be fine if it is. If not, it might be good to try to confirm the whole situation in writing. You could email them stating the issue and put 'as per our conversation dated blah blah, you offered to discount the driveway £500 or redo it and I would prefer you redo it'.

Hi thanks for both replies. No it isn't in writing it was said over the phone, I'm on edge as to what tomorrow brings as they did get quite aggressive. However I don't want to pay for something I don't like or didn't order. I have all the messages on my phone for proof of that. Just not sure where I stand

Is their offer on a voicemail?

What do the messages on your phone prove?

That you haven't got what you asked for?

If so text back and say you want what you asked for - obviously you don't pay til you get it

If they're nasty call the police

The messages on my phone show the sample of what I asked for and them confirming that is what I would get

How different is the colour? Is it two shades of beige different, or a completely different colour?

I am not a lawyer but i would say you would still be liable to pay them whatever the incorrect drive is worth, rather than nothing.
Of course being totally the wrong colour it would be worth a lot less than the correct one, but i think if it did go to court you would pay the original quote minus the cost to put it right if it really is unacceptable.

Did you only see the sample on screen and not in person? What is the colour difference?

What does your contract with them say? X colour by Y manufacture? Or in accordance with the sample supplied?
If it has the same name and is by the same manufacturer, tell them to get the manufacturer out to examine and establish whether the resin supplied was faulty.
Did you raise the colour issue when you first saw it or did you wait until you saw the entire drive completed to mention that it didn’t match?
Need more information, most particularly on what was agreed about sample / colour.
Also - what price did you pay? Are you within the small claims limit?

Thanks all for the replies... I have a physical sample that they left for me which they now say there are 2 versions of with the same name, I asked for the one that they left. The drive is very white and I wanted beige

I messaged the guy I'd been dealing with immediately but it was mostly down by the time I got home from work...

It’s completely different - pay nothing. Consumer act says that the goods must be ‘as described’.

Let them rip. They have not fulfilled their contractual obligation. Do you want them to re-lay (and what is the risk they lift this and leave you with no driveway at all? Specify it must either be replaced as you requested it or as it was before they started work). Alternatively, what are you prepared to pay for the wrong colour? You’re in the driving seat on this negotiation

Thank you, I'd like it relaid but I'm not sure I trust them as they were so quick to become aggressive and intimidating when I pointed out their mistake

Do some homework on who they are - do they operate as a ltd company or a sole trader etc; check latest company accounts / search up details that tell you if they’re able to meet a claim against them. Small claims limit is £10k. Find out what the cost of removal is, and whether it’s possible to lay an additional layer over the top of what you have - would that adhere? They can be angry all they like but they’ve screwed up with what I think is really expensive materials.

Thank you everyone for the good advice... all I wanted was the drive I chose!

So they have contacted me saying they aren't happy to relay the drive but obvs they will have to do it... they can't believe I haven't paid when their lads grafted all day etc etc I replied saying it's not my responsibility to pay the lads it's their responsibility to supply the correct product... I was very formal but they immediately became abusive telling me to f**k offf who did I think I was speaking to, etc

This is all over text. I said their intimidating manner was why I didn't want them back as they were highly unprofessional. They then threatened me and said it would t end well for me and to expect a Knock on the door.

I said they were welcome to take the resin up as long as the concrete drive was restored as it was and more abuse followed.

I've since found out the sample they gave me is a different name to the name they called it. My 18 year old daughter is working from home and I'm so worried incase they turn up.

That’s a clear threat and one that should go to the police.have you checked yet what sort of business this is - sole trader / ltd company etc?

You should absolutely contact the police - you have clear written threats

Sounds awful and they are totally out of order, definitely one to report to the police as that's very threatening, also any trading standards or similar.

It's a limited company... thank you for the support everyone, it does help, I'll call 111 when I get in from work.

Definitely report to the police and also to trading standards and the council. They may regulate/list reputable contractors so it's important they're aware of the threats made against you

So this situation is still ongoing ..I spoke to consumer rights who said they had breached their contract and as it was goig to cost me more to remove it and relay it they owed me money! As they had been intimidating it was unacceptable to have them back...

When I informed them of this they obviously became threatening. This was 2 days ago, when I got home last night from work they had been and spray painted in red marks all over the drive. I've called the police who are calling me on Sunday.. Honestly I am so stressed about the whole thing help...

Removing a resin surface is a pig of a job so im not surprised they don't want to do it - that being said it is a different colour however you would still owe them money for all the other work they did - ie removing old concrete driveway, preparing ground, sub base etc. Just not the resin finish
Could you not have negotiated a higher discount and lived with the colour?