Hi folks,
Got a bit of a sticky situation, hoping someone can provide some advice.
We arranged at the end of last year/early this year to get all the carpet in our house removed, replaced by laminate floorboards - this consists of 4 bedrooms, a lounge, dining and games room. We scheduled it in for February and divided it over three weeks, as we had a lot of stuff that needed moving from one room to another - I'm working full time and my wife was 4 months pregnant at the time. We paid the deposit a month prior to the installation, and it came to roughly 30% of the total cost.
On the third (and final) week of the installation we queried with the installers (who are subcontracted from a different company) when our final payment was due, and they were surprised we hadn't heard from the company as they said it's usually due prior to the final installation. He said they would be in contact shortly. Later in the day, he got a call and then came and spoke to us. He asked us if we liked the flooring, to which we replied "yes", then he said that was good, as they had installed the wrong flooring.
We were a bit in shock, as you can imagine - this conversation took place when the majority of the flooring was laid, and they were doing the fiddly beading bits at the end of it (which take as much time as pulling up the carpets and putting the floorboards in place).
We hadn't been contacted by the company until this week, they called my wife at home on Wednesday, telling her that immediate payment was due, when my wife queried about the fact that incorrect flooring was laid, they got very defensive saying that was their mistake and eventually offering a $200 discount. My wife asked
for a 10% discount.
Just to point out, the flooring laid was a more expensive product, however we didn't choose this one for non-financial reasons. I'm a guitarist and my son is an aspiring drummer, so our final decision was based on the acoustic properties.
So my wife asked me to call, and I spoke to the General Manager, who suggested he was not going to offer anything beyond the $200 discount, or he would send around the installers and rip up all the floor and re-lay it. With my wife being (now 5 months) pregnant, this was not a practical solution to us.
Things quickly made it to a heated conversation, and I said I would call the Department of Consumer Affairs to see what my rights are, and he said he would be calling a debt collector to recover his funds. Note that this is the day after we were requested final payment.
I called the DCA who put me through to the Building Commission, who said I need to lodge a notice of complaint, which I've downloaded and filled out.
We didn't receive any terms and conditions of sale when we first made the deposit, so we are at a loss as to whether they can actually call a debt collector on us, with one phone call after the fact, and no other contact during the installation from the time we went to the shop and paid the deposit.
Anyone?
Thanks
Richard
Update 11th March
Hi everyone, thank you for your feedback, both positive, negative or indifferent. I'm happy to say the company came back with an offer between the initial $200 and the 10%, which we have accepted and will move on.
For those of you who thought this was 'BS' and 'just another whinge' I apologize, but in a situation where we don't know if we are in the right (or if we're asking an ridiculous amount) it is good to get the moral judgement of a cross section of the community.
And thanks to OzBargain for providing this facility, as I wouldn't know who else to ask (without asking a friend, who would have a bias opinion).
Cheers
Richard
If I understand correctly, the final 1/3 hasn't been done and payment in full is expected. Pay them for the first 2/3 as per the contracted rate. They have absolutely no right no demand full payment before a contracted job is complete. If they do not want to complete the job, get someone else to do the final bit.
It should not inconvenience you that the contractor has made an error, be it in your favour or otherwise. Record every conversation you have with your contractor from here on out. Blatant lies be it verbal or written works well in your advantage should this go to small claims court.