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Pocster

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1 minute ago, pocster said:

And !

It’s even cheaper for you guys as some glazed units are available at a discounted price . You lucky , lucky people !!!

 

Don't be too hasty - the court case / mediation may require you to return those ...... 

 

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Just now, newhome said:

 

Don't be too hasty - the court case / mediation may require you to return those ...... 

 

Possibly !

But I doubt it . Did you want to make an offer you lucky fella ? ?

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Just now, pocster said:

They are far better than any handbag ? 

 

In your opinion ...... ;)

 

I don't have anywhere where walk on glass would even be a remote possibility. 

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Just now, newhome said:

 

In your opinion ...... ;)

 

I don't have anywhere where walk on glass would even be a remote possibility. 

I’ll throw in a real nice handbag to sweeten the deal !

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1 minute ago, newhome said:

 

Make it a Hermès Birkin and you might have a deal ;)

 

Well ! Naturally I had to google that !

Makes my glass look cheap ! - I was thinking more M & S handbag !

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  • 3 weeks later...

Mediation set for 10am Wednesday.

Apparently I just talk to mediator who in turn talks to glazier .

As far as I am aware the mediator has no diagrams or anything ?

I have to “compromise “ so I’ve been told . How ? ; they’ve had all my money ?!!!!

Obviously any concession I’ll consider but assume it will be a waste of time .

Anyway , will wait and see ........

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The compromise will probably be that they return some money. I assume you have ordered from elsewhere so an offer of a cost price deal won’t be of interest to you? It may help if you can find out what the mark up is on this type of window. Supplier should not be profiting from the mistake IMO. 

 

 

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1 hour ago, newhome said:

The compromise will probably be that they return some money. I assume you have ordered from elsewhere so an offer of a cost price deal won’t be of interest to you? It may help if you can find out what the mark up is on this type of window. Supplier should not be profiting from the mistake IMO. 

 

 

Yeah. tried all this - they weren't interested. My original deal was for them to redo at cost price. Then they aren't out of pocket and the onus is on me to sell on the incorrect glass. They didn't seem to care!

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Make sure you have a starting point for negotiation, such as a request for the supplier to fully refund you and (if you want to try it on a little) additional damages for delays and project prolongation.  Stick to your original claim and then wait for the other side make a counter offer.  Don't start with offering to re-purchase at cost, or you will have nowhere to go.  The mediator does not look at the merits of the case or report to the court if mediation is not successful.

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Mediation never happened.

The supplier never returned their call apparently. So ! I’ve been told a judge decides if a mediation date is set again or go straight to court .

Me thinks on the basis that drawings and emails need to be read ( mediation don’t seem to do this ) - then it will be a court case - once I pay the extra fee of course !

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Well that’s progress of sorts I guess. Maybe the judge will look unfavourably on the company given that they have ignored attempts to mediate, especially as you showed willing. 

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It could be that they are a fairly small outfit and will not be willing or able to represent or defend themselves, in which case straight to court.  You will still need to prove your case with evidence to the satisfaction of the District Judge (or whatever they are now called).

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56 minutes ago, Mr Punter said:

You will still need to prove your case with evidence to the satisfaction of the District Judge (or whatever they are now called).

 

Generally a lot easier when the other side doesn't turn up, of course!

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3 minutes ago, jack said:

 

Generally a lot easier when the other side doesn't turn up, of course!

Of course !

i guess all I need to do then is convince the judge of the ambiguity. So it could go either way . If he sees its open to interpretation then I would hope he would award me something.

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The point is, if the others don't turn up, you can show the judge that it's perfectly clear what was intended. I wouldn't be starting from the point of view of it being ambiguous.

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2 minutes ago, jack said:

The point is, if the others don't turn up, you can show the judge that it's perfectly clear what was intended. I wouldn't be starting from the point of view of it being ambiguous.

True !

 

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7 minutes ago, jack said:

The point is, if the others don't turn up, you can show the judge that it's perfectly clear what was intended. I wouldn't be starting from the point of view of it being ambiguous.

 

+1!!!! Don't even mention any ambiguity. Start from the angle of having been completely clear and transparent with what you required then let the window company argue their own case. 

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27 minutes ago, Mr Punter said:

...and maybe change out of the profile picture outfit on the day?

? No chance ! Let the man that judges a man on his profile picture be a damned man ! ?????

Edited by pocster
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