“I spent three months of my pension”: a Gardoise scammed by a kitchen designer has been fighting for months to get her money back

Annie Lloret a fait condamner la sarl Bati Malin.

Annie Lloret, a resident of Laudun-l'Ardoise, has had the Bati Malin company, which collected a deposit of 1,700 euros from her for a kitchen that was never delivered, ordered to pay.

This is the kind of dispute that we regularly hear about on Julien Courbet's radio and television talk shows. A resident of Laudun-l'Ardoise has had the Bati Malin company, which sells kitchens, ordered to pay. The public hearing took place on March 12, 2024.

Deliberated on May 14, 2024

The SARL based in Saze must pay the plaintiff Annie Lloret, a 67-year-old retiree, the sum of 1,700 euros in reimbursement of the deposit and 500 euros in damages. The claim of the sixty-year-old was deemed “regular, admissible and well-founded”. Bati Malin did not appear and was not represented. The case had been adjourned until May 14, 2024. The court found that Bati Malin had not performed the service within the contractually agreed time frame.

Registered letter

On September 15, 2023, Annie Lloret received a quote from SARL Bati Malin for kitchen renovation work involving, in particular, the removal of the current household appliances, the supply of new equipment and plumbing and electrical work for a price of 3,500 euros.

The client says she sent a registered letter with acknowledgement of receipt signed on October 25, 2023, through her lawyer, ordering the kitchen seller to make the delivery within a reasonable time, i.e. ten days.

A deposit of 1,700 euros

The estimate issued for kitchen renovation work indicates that the deposit was paid by check for 1,500 euros and a cash payment of 200 euros. Annie Lloret attached a copy of the check to the file, demonstrating that she had fulfilled her contractual obligations. The estimate also provided for delivery within three weeks.

"Serious breach"

The court, for its part, considered that “The failure to deliver and perform the service within the time initially provided constitutes a sufficiently serious breach to order the execution of the contract”. Bati Malin must also pay the customer the sum of €1,000 under Article 700 of the Code of Civil Procedure.

“Not much luck…"

The Laudunoise also contacted the General Directorate for Competition, Consumer Affairs and Fraud Control to assert her rights. Today, Annie Lloret is fighting hard to get her money back. The bailiff, via the plaintiff's lawyer, tells her “that there is very little chance of recovering any sum”. The woman from Laudun is furious with the manager of Bati Malin, who she says “presents himself as a kitchen designer”. She expressed her incomprehension. “I followed the legal route and spent three months of retirement but nothing has been done to stop these actions”.

“Neither skills nor insurance”

During the hearing, Annie Lloret's counsel argued that Bati Malin SARL “had  é several times the dates of its intervention and that it realized that this company had neither the required skills nor the necessary insurance to guarantee its intervention”. The Laudunoise wants to alert social networks. In particular, it asked the administrator of the group “You are from Saze if” to relay the story of his misadventure.

The manager of the SARL could not be reached despite our attempts. I subscribe to read the rest