County Court action

[Hornet]

Hopefully I'm in the right place, sorry if I'm not!

If you look at the other TV services, freeview, ect forum you'll see my on going aerial disaster

Short story 15/6 installed in loft, as told as good as outside.
Complained that evening engineer back 20/6. He moved aerial outside.

After both these times picture still freezing.

Complained again, today another engineer back has moved mast amp outside, changed direction of aerial. But noticed when he'd gone one of the elements is bent, checked photos and it was bent after 1st outdoor install!

So haven't complained yet as Saturday night. Picture seems better, but aerial is damaged.

I do not see I have to suffer a 4th visit from this company to attempt to fix my aerial again, surely I have been reasonable. I would like a full refund as have lost all faith in company after three failed installs.

Would you agree I should ask for this and threaten CCP. I have checked the website and its £30 to start claim and as far as I can see thats the only cost....anyone know different?

They can of course remove their aerial.

Anyone think I am OK to go ahead with this? I have plenty of photos of bodged installs to date!!!

Cheers

[Rob]

Before you start court proceedings you need to have attempted to get satisfaction from the company involved. Have you asked them for a refund. Have you put your complaint about their performance to them in writing and what are they saying to all that.

Court action should be a last resort. Does the installer have any terms and conditions that allow mediation / arbitratrion, or some other independent assessment.

YOu may have to first prove the fault by written evidence from another competent "expert" installer. Thus it won't just be your £30.00 court fee.

You might not want them back again, but you suggest they would come back to take away their kit, so one way or another you're likely to see them again. Set out your complaint in writing, and make it very clear they have one final attempt to resolve all issues.

[Hornet]

I have phtographic proof that after three attempts they have left me with a damged aerial!

4 attempts is surely unresonable?

I will write asking for a full refund and threaten CCP if not received.

[Tinky]

Originally Posted by Hornet

I have phtographic proof that after three attempts they have left me with a damged aerial!

4 attempts is surely unresonable?

I will write asking for a full refund and threaten CCP if not received.

Write to them first and explain the situation, give them the chance to make amends, i.e. offer of refund/new aerial. Always keep a copy of all letters. Ask yourself what are your chances of getting your money back, should you decide at the end of the day to issue a County Court Summons. Even if you get judgment for the amount of your claim, there is no guarantee you will get your many back. There would be further fees if you had to resort to enforcing your claim, e.g warrant of execution, attachment of earnings, garnishee order etc., and even after all that, there is still no guarantee you will get your money back, the process can take months, and can be very costly, but it's up to you. Good luck, hope this helps!

[andygrif]

Originally Posted by Hornet

I have phtographic proof that after three attempts they have left me with a damged aerial!

4 attempts is surely unresonable?

I will write asking for a full refund and threaten CCP if not received.

I'd personally be a little careful instigating or even threatening to instigate court proceedings just now.

yes, you've clearly had a bad experience, from instalers that were clearly not at their best on the day they came to you....three times it seems.

So, I'd agree that you've given them a fair crack of the whip to get it right,but I think it would be 'reasonable' to give them a final chance to rectify the problem, which would help your case if it ever did go to court.

If the company is a Ltd company then your should write to the Company Secretary at the company's registered address outlining the issues, dates, names, problems etc., but don't slag them off - keep the letter professional.

State that you now expect the installation to be removed and replaced with an antenna that is 'fit for purpose' and not damaged and that you expect this work to be carried out within, say, 10 days (which is a reasonable time).

Don't threaten to take them to court just yet...doing so might scare some people into action, but equally it will put a lot of people's backs up and they will shut down and not talk to you, which means you won't get the problem resolved.

You might find that the management in the office are not fully aware of the problems, so your letter will do this. Make sure you send it Recorded Delivery.

If they refuse to solve the problems, or they come out and don't solve them then I would think your next port of call is your local Trading Standards office and get them on the case. If these guys are shysters then TS may already have dialogue open with them and certainly it's useful for TS to keep logs of who's being naughty.

After this, then you should IMHO threaten court action. I would imagine that in the mean time you will have got another aeriel company to decommision the first installation and put another one that works in for you. Make sure you get a reciept from them stating that they have done so, and so your claim in court would be the original cost of the bodged job PLUS the cost of decommisioning it, but not of course the cost of the new one.

Good luck.