Kitchen dispute legal help required

[robertw95]

Hi guys I’m in a real dilemma here and looking for some advice.

So in January me and my partnee moved in to a new rented property. Everything was going well we hadn’t met the landlord however seemed to be decent enough we were looking for a long term agreement and they seemed to be happy with this. The house needed some work done re decorated new carpet and a few walls plastered which we had done in a hurry as we needed accommodation ASAP to which the landlord replied he would reemburse us for. This work was completed we paid and moved in.
We got on to the subject of the kitchen and upgrading it to which we were told if we went ahead with this the cost of kitchen per month would be deducted from our rent each month. Being naive and our first property we decided to go ahead with this went through the motions and placed an order for a kitchen which was put on a credit card. Things started to go south when a flat next door was repossessed and with bailiffs sniffing about our landlord got very cagey and started acting suspicious. It later came to our attention the mortgage was in arrears and had not been payed several times and that we never had a valid tenancy agreement and we had to move out in a hurry.
After speaking to the kitchen company about this we were informed we would still have to pay as it was out with the cancellation period and even though we never had the kitchen fitted. Do I have a leg to stand on with them or should I just go direct to credit card company and claim a section 75?

Thanks
____________________
07 Dt125r, sv650s k8, zx6rr 04

[stephen_o]

I would say that you have nothing to lose here, Goods not received, order cannot be fulfilled - its a bit of a twist on the story but section 75 is worth a go.
____________________
current scoot 2009 Yamaha YBR250 + Current Pootle 2013 Nissan Leaf

[robertw95]

Thanks that’s what I was thinking hopefully someone with knowledge of the matter can confirm
____________________
07 Dt125r, sv650s k8, zx6rr 04

[Kawasaki Jimbo]

[robertw95]

Unfortunately yes it’s been a hard lesson to learn but out of our hands really having to move again within 6 months loosing deposit etc and having to find somewhere else not really in a financial position to pay for a kitchen I don’t have or need
____________________
07 Dt125r, sv650s k8, zx6rr 04

[dodsi]

Total Fail.

you put money into someone elses asset.

why? what was your thought pattern?

[robertw95]

Tell me about it, tbh I wasn’t keen on the idea but was eventually persuaded... massive mistake like I said naive
____________________
07 Dt125r, sv650s k8, zx6rr 04

[Rogerborg]

I don't see any breach or misrepresentation by the trader.

But where's the stuff that you've bought and paid for?

I mean, if they actually went ahead and made it, and you've paid for it, why is it not in your possession? Particularly any appliances.

Would be the tack I'd probably start with.

Angle for a partial refund at retail price for as much as possible, settle for actually receiving anything that's worth slinging on Scumtree.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[robertw95]

Thanks roger your correct no idea if anything has been manufactured as we never arranged fitting date once we found out the situation
____________________
07 Dt125r, sv650s k8, zx6rr 04

[stephen_o]

If nothing has been manufacturered then the only cost to the company is the sales process so they shouldn't be able to refuse a majority proportion of a refund.

How have you lost your deposit? I am a landlord of a buy to let and the deposit has to go into a government approved scheme and not be touched by the landlord - you should get it back from them or their insurers.

I can tell you as a landlord that nothing delights me more than when tenants tell me "they" want to do this and that and it adds value to the property which they can't take with them.

I feel for you.
____________________
current scoot 2009 Yamaha YBR250 + Current Pootle 2013 Nissan Leaf

[robertw95]

No deposit back and it wasn’t put into safe deposit scheme.. cash no receipt there was circumstances surrounding the even meaning we had to take some asap, nightmare situation
____________________
07 Dt125r, sv650s k8, zx6rr 04

[Freddyfruitba...]

[robertw95]

Sorry I should have explained better. We have now moved out of the premesis but did not receive our deposit back as it was never placed in the government deposit scheme or were given a receipt when we paid cash. Lesson learned there
____________________
07 Dt125r, sv650s k8, zx6rr 04

[Freddyfruitba...]

[MCN]

[Freddyfruitba...]

[stephen_o]

get a ccj on the landlord and when that is granted go for a charging order on the house. The landlord has acted illegally, if you want to go through citizens advice then they will assist.

1, letter before action - I want my deposit back or small claims court
2, small claims court - get the jugement then when you have it you are asked how you want to enforce it.
3, baliff, debt collector or a charging order on the house if you think it will be resold which will prevent any solicitor being able to transfer the legal title without you being settled.
____________________
current scoot 2009 Yamaha YBR250 + Current Pootle 2013 Nissan Leaf

[P.]

I'd introduce his house and car to a rather large catapult and 10 or so spark plugs.

You won't get the money back, but that is your fault for not making sure your money was placed in a tenancy deposit scheme, which I believe is now a legal requirement, but also for paying your own cash monies on something you don't own

Lick of paint, sure, but kitchen, can go fuck a goat.

[iooi]

[Pete.]

[P.]

But spark plugs are cheaper