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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A qualified builder talked me into having 6 ceiling down-lights

Customer Question

A qualified builder talked me into having 6 ceiling down-lights put in my hallway Saying it would be required to put in a false ceiling , and promptly ordered an abundence of materials
Materials finaly arrived Only then did he make a small hole and annouced a false ceiling wasnt necessary after all He had already unloaded. and brought them up so
promply loaded them all back again unopened He then took o off saying he would take them back and gone for the afternnoon Returning he declared they didnt refund any money
On making enquires I rang the supplyer who said they would always return money on unopened goods
Thus it was clear He ordered materials without first making sure they were needed
Charged me £150 and his time Returned them for refund and ended up with £300 in his pocket plus wages
We agreed a price of not more than £400 but he said it wasnt his fault
He was taking advantage of an 80 yr old pensioner with high blood pressure making me feel very unwell alone in my flat I was helpless to stand up to him
What can I do?Please advise

Being an elderly lady living alone on my pension this has
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How did you pay the builder please?
JACUSTOMER-h4ldmeis- :

I payed my builder with cash and made sure that he gave his signiture

Alex Watts : He has a duty under Section 13 of the Sale and Supply of Goods and Services Act 1982 to act with all reasonable skill and care. Clearly he did not.
JACUSTOMER-h4ldmeis- :

Yes I know this, but how should i proceed with to get my money returned?

JACUSTOMER-h4ldmeis- :

yes I know this already but howshould I proceed how can i get my money back

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
JACUSTOMER-h4ldmeis- :

What would Trading standards be able to do?

Alex Watts : They might be able to investigate and prosecute. But to get your money back ideally you need to get a court judgment
Alex Watts : But if you are a pensioner you may get fee remission anyway.
JACUSTOMER-h4ldmeis- :

Free remission from whom and how ?

Alex Watts : the court by filling in a form.
JACUSTOMER-h4ldmeis- :

Many thank you's You have eased my mind Have a good Evening ///

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts : Have a good evening too
JACUSTOMER-h4ldmeis- :

Excellent ad by vanished before i could print it vice

JACUSTOMER-h4ldmeis- :

please send again answer just vanished thank you

Expert:  Ash replied 2 years ago.
This format should help:


You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


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