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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Paid builder 10k Nov. 2012 from which he was to buy kitchen

Customer Question

Paid builder 10k Nov. 2012 from which he was to buy kitchen and floor for me. Bought floor but no kitchen.
Told me had to cancel kitchen due to an extra 3 week delay. Said didn't have time to order new kitchen on my behalf. I bought another kitchen but he has retained the money claiming it's his due.
At the time asked for a schedule and full cost breakdown with receipts. Work to be completed by 10th January.
Finally produced a schedule 21 Feb 2013 for 10k with an additional invoice requesting a further £1870. Originally the agreed cost was £ 4,600 for labour.
Enquiring with Kitchen Supplier, builder obtained quote in my name(which I have) but never purchased kitchen. Builder has lied to me on another matter also.
Later said work would be finished by 17 th Feb.
Work still unfinished and below standard.
Managed to photocopy a handwritten estimate he briefly showed me mid-January (which he left in my kitchen) in which he had put down £ 3953 for the kitchen which in fact retailed at £3000. This figure was crossed out but shows his consideration of purchasing the kitchen on my behalf but also shows his unreasonable addition of £ 900.
My situation in a nutshell. People have advised me to put my grievance in writing and to ask him to finish the work to an acceptable standard.
Question : Do I have legal recourse to reclaim money for kitchen and impose a penalty for work unfinished well beyond our agreed time limit, ie can I refuse to pay £1870 and claim that this is what it will cost me to get a new builder to finish the work to an acceptable level?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

How did you pay for this?

What do you want to achieve?
Customer: replied 3 years ago.

I paid by bank transfer.


I want to achieve legal clarity as to my realistic legal leverage in this matter.

Expert:  UK-Justice replied 3 years ago.
If the work is below standard and he did not do as requested then you can claim your money back.

You should write and ask for a refund within 14 days or you will go to Court.

Clearly if he has done work that is of standard you would have to pay for this - but not the work that has not been done nor sub-standard work,

If he refuses then you should issue proceedings.

You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

If your claim is below £5000 then it would be a small claim. As I understand it your claim is £4600.

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

I don't think the figure £ 4,600 is correct.


Paid him 10K. He bought floor on my behalf, charging me £2171 which he bought at a trade price(20% less). He kept discount which he had led me to believe was going towards payment.


As mentioned, he should have paid 3K for the kitchen. He got quote but never went through with purchase. Lied to me about purchase and said had to cancel due to extra 3 week delivery time. Never got that money back.


He verbally quoted £ 4,600 at Xmas time for job price. With cost of floor, this left a balance of £3,400 from which he was to buy kitchen.


The total money he's had from me is 10k minus 2k for the floor.


He has done 60% of the work I contracted him to do and that below a reasonable standard. Only 1 bedroom is properly painted (two coats). All the others look patchy because he used less than 2 coats. He only 2/3rds floored the kitchen with floor tiles and the tiling was badly fitted in places. It will cost me between 2 to 3k to put fully right.


I don't see how I can claim £4600 as he has done 60% of the work. But the work is sub standard. Can I claim the £ 3000 for the kitchen and a financial penalty( if so how much?) if I have to go to another builder to get the job put right?


He should have finished by the 10th January. Later he said to my flatmate, he'd be finished by Feb.17th.


 


 

Expert:  UK-Justice replied 3 years ago.
Ok I see. Thanks for clarification.

If the claim is £5000 or below or over £5000 and not defended then you wont need a Solicitor.

However if the claim is over £5000 and is defended you would need a Solicitor to draft proceedings and present your argument in Court.

If you have home or motor insurance with legal protection then you may have any legal fees covered.

But if you win you may get costs back anyway.

I hope this clarifies.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

When you said "issuing proceedings" it helped to show me that I must be sure of my argument.


I was wondering, along with his invoices which supposedly outline his labour and material costs, is he legally bound to provide all expenditure receipts relating to the work carried out on my flat?


The builder will defend himself against any claim I may make. Moreover our agreement was verbal.


Is an email or a taped conversation admissable in court( if I try to get him to confirm his story of having bought a kitchen and record it?)


You've helped me clarify my approach. Thank you.

Expert:  UK-Justice replied 3 years ago.
Yes he needs to quantify expenditure.

Email is fine. Tape you will need court permission

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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