How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
Type Your Law Question Here...
Ben Jones is online now

Hi, I have currently sacked my due to my part txt to

Customer Question

Hi, I have currently sacked my chippy due to my part txt to him below;


As discussed last week I advised I was not happy with the work you have done to date and showed you mistakes that have been done, length of time and constant lies. To clarify;

Upon your quote re the whole frame been taken down and replaced with oak, you advised you would have this finished before Christmas, I did advise it is important I get this done quickly as I had put planning permission in and needed to use the front door for access of which you agreed, you asked for £600 as you did not have the money to buy the door or the oak for the frame and due to your wife insisting you leave your family home you simply did not have any spare cash, I gave you the £600 to purchase these in good faith. I managed to get through to you prior to Christmas you advised the delivery had not come in, you advised you had ordered it from Champions Timber and they were closed until the New Year (this was not true and they were open) and put in your txt "there was this little thing called Christmas hence the order wasn't here", of course I was not happy as this was now dragging on a month so far and the sarcasm was not working and simply added to my concerns. Christmas and New Year came and you were not answering my calls or my txts, in the end I had to call from my daughters mobile as I needed to know when you were going to start this work, you called back (not knowing it was me) and advised you had taken your mother to hospital and they kept you in also, not sure what for hence you did not answer your phone as you could not make calls. You advised you would let me know when the wood was in, by this time I had decided to investigate myself, I drove to Afforde Doors in Carshalton, I was advised you did order the door and put £100 deposit only, this was ordered 3 days after I gave you the money. I then drove to Champions, you had not ordered the oak either, hence you can imagine I am extremely concerned you have my £600, when are you planning to buy the wood and actually start this job?

You finally said you were coming to start the job, you didn't turn up not answering my calls/txt's again, eventually you advised you had been taken to hospital again hence you couldn't make or take any calls or txts?

I had decided at that point I had probably lost my money hopefully if I could get you to deliver the door I would probably loose the £300. You called out of the blue and delivered the door saying you would start a few days later and measured up the frame again, why, surely you had the measurements prior, I decided to wait and see if you would turn up, you did. You advised you were sorry for the inconvenience but due to the split up with your partner and her mental health with bi-polar she was not taking her medication and was a complete head case, you advised she would not speak to the doctors and had concerns regarding your children, regardless this should not interrupt your work. You did turn up and started to make the inner frame, I asked why you had not taken the whole frame away, you replied "ooh I can do if that is what you want", this was what we had discussed and of course my concerns were rising. You pulled the frame away and raised a concern regarding the lintel above the door and said you did not want to do anything until your builder looked at it, this was at least another week which you can imagine my front door is not secure remembering I have 4 children in my home? The builder advised to prop it up as it was not holding any walls up, I had already had a builder to check it and he had said the same but to wait another week is rediculous. A few days later you came back for the afternoon at this point I asked why you had made the frame much smaller which left huge holes all around the frame inside and out, when asked what you would do your reply was "it's not my job" I asked if you would leave it like that you said "yes that's not what I do, the house was built around the door frame that's why its harder and you have the holes", I then asked you how old you were and if this is the normal way you conduct you business, you said "yes", I advised you should never leave a job looking that way, you have to make good, you seemed oblivious? hence I asked my builder to plaster inside for me as I was concerned for safety and it was extremely drafty, he could not believe you would leave it in that state.

I had always said the windows had to have the same pattern as the door, you advised we cannot get this pattern as it is Italian, very rare, I said you had to send a picture to me prior to ordering the glass to make sure it is what I want. I decided to get a glazer to come and measure up, he advised it was a common pattern and you were talking rubbish, he did advise maybe you had not priced it up and decided to lie about it as it costs more, I presumed the same.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is this an employee?
Customer: replied 2 years ago.

Hi Ben, no, he works for himself he has his own business, I am a customer.


Customer: replied 2 years ago.

Hi Ben just to note it did not copy all of my text and can email it.


Expert:  Ben Jones replied 2 years ago.
Hi, we cannot email customers but maybe you can just post the remainder on here? Thanks
Customer: replied 2 years ago.

I had always said the windows had to have the same pattern as the door, you advised we cannot get this pattern as it is Italian, very rare, I said you had to send a picture to me prior to ordering the glass to make sure it is what I want. I decided to get a glazer to come and measure up, he advised it was a common pattern and you were talking rubbish, he did advise maybe you had not priced it up and decided to lie about it as it costs more, I presumed the same. You still decided to order the glass without my agreement as I had not seen the picture.

I had noticed other mistakes were made i.e;

1) when you open the door you have hit screws through that stick out all the way down

2) Inside you have put the skirting board but only put the wood half way across

3) there are holes that cannot be fixed

4) the trim will have to be thick to cover all of the holes you have put the screws in to hold the piece of wood where the glass goes

5) the sills are much smaller and don't even cover the bricks

6) right hand side is not level, put spirit level to check, the frame goes sideways.

7) window frames sharp and not fitted well and too small.

8) frame needs to be at least 15 to 20 mlsover to the right hand side and the left at least 20 to 30 mls.

9) no glazing bead internally

I do not appreciate you getting your partner to call me today 8th February 2014 (funny how she would call when you advise how bad your relationship is, is this another lie I simply don't understand), I advised I would not discuss this with her and would email you and said goodbye, she called again and said "I was talking to you and you put the phone down" again I repeated the same sentence however she kept calling. You called a few minutes later of which I missed the call, you then tx;t "You informed me last week that you will be contacting me within a week to proceed. It has now been a week and I have not yet heard from you. You have not responded to my many efforts to contact you. I feel I have been accommodating to your wishes throughout this. I am able to complete the job Monday and expect the outstanding payment of £680. If I do not hear from you I will assume this to be ok. I require this matter resolved immediately to avoid getting legal parties involved further. Regards XXXXX XXXXX"

Firstly I did not advise you would proceed, second you txt me on Friday 7/2/14 @ 9.09 & 16.32 only, no calls?

All in all I have been extremely patient with you and feel the work you have currently done to date is not acceptable and has too many mistakes, if you would have at least acknowledged my complaints prior and would have at least tried to rectify them, only to get your response "it looks alright to me"which is not acceptable I cannot allow you to make this any worse that it is. My mother had also indicated issues with the frame but you always seem to have the wrong answer, it is either not your job or you simply cannot see what the problems are. I therefore terminate any contract we have in place with immediate effect.

To note: I have had to gain another contractor to replace the whole frame, to fix your mistakes and to finish the job to a high standard with all my requirements as stipulated many months ago.

I have had three contractors to view your work and all have advised the frame will need to be taken out and replaced due to the poor quality of the workmanship you provided. I have photographic evidence and the reports which prove the above.

Expert:  Ben Jones replied 2 years ago.
When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:
⦁ Carried out with reasonable care and skill – i.e. to a proper standard of workmanship;
⦁ Finished within a reasonable time (unless a specific time has been agreed); and
⦁ Provided at a reasonable cost (unless a specific price has been agreed).

In addition, any materials provided as part of the work must:
⦁ Match their description
⦁ Be of satisfactory quality

If there are problems with the standard of work, or the materials used, you will have certain rights.

If work has already started, and there has been some breach of contract by the other side, you would usually be expected to give them the opportunity to rectify the problem. However, if you can justify why they should not be given such an opportunity, for example, if work has been left in a dangerous condition or their work is obviously below-par, you could refuse to do so.

In terms of potential compensation, you may be entitled to that in the following circumstances:
⦁ The work was not carried out with reasonable care and skill, or finished within a reasonable time;
⦁ The tradesman has been negligent in their work;
⦁ You have accepted a repair, which turns out to be unsatisfactory;
⦁ The services are unsafe and someone has suffered injury
⦁ You have incurred additional expenses or suffered inconvenience because of the tradesman’s breach of contract.

In order to resolve any problems that have arisen, it is generally accepted that you follow these steps:

⦁ Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).
⦁ Contact the tradesman and explain your problem. Ask for a refund, a repair, or compensation and set a reasonable time limit for them to respond (7 days is reasonable).
⦁ In the meantime find out if the tradesman is a member of a trade association with a mediation service that can help resolve your complaint. If they are not, you may wish to obtain an expert opinion from an independent tradesman specialising in this field to back up your position.
⦁ If the matter is still not resolved, write to the tradesman repeating your complaint and how you would like them to fix this. Say you are giving them a final 7 day time limit to resolve the problem or you will ask another tradesman to carry out the work and you intend to recover their costs from them. Advise them that you will not hesitate to issue legal proceedings to seek compensation.
⦁ If the tradesman makes an alternative offer, you can either accept or continue to negotiate. Be reasonable and realistic in what you will accept. You may not get an improved outcome by going to court.
⦁ If the tradesman fails to respond or refuses to resolve the problem, you can get a different tradesman to complete the work and consider suing the original tradesman for all or part of these extra costs. Remember that court is your last resort and you will need sufficient evidence to prove your claim. Nevertheless, it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
⦁ Finally, make sure that you send all correspondence by recorded delivery and keep copies.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:
Customer: replied 2 years ago.

Thanks for the above however, the guy that was putting in the frame cannot see what the problem is so there is nothing I can do, I am exasperated and sick of waiting for him this has been going on before Christmas, he did not start until Jan and have lost all confidence especially after getting 3 other contractors/builders to look at the door which have all indicated they will have to rip it all out and started again as he has not placed the frame near the brick, the gaps all around are so big. I have chosen a new contractor who is going to rip it all out which will damage the plastering my builder did free of charge to cover inside up. I would like to claim the £300 back as I have to buy the wood again as it will get damaged and the glass which will be what I have always asked for. what do I need to do to get this back.

Expert:  Ben Jones replied 2 years ago.
if you simply wanted to claim back the £300 then you can take the matter to the small claims court, you can simply submit the claim online at I suggest you try and come to a mutual agreement before proceeding down the court route as that is really to be used as a last resort, but if needed you know it is there.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks Ben, if I go to a small claims court what is the probability that I would get the £300 back, he has bought the wood which may come to roughly £150 and of course he is moaning he hasn't been paid his 3 days. I will not get him back after 3 quotes have all said it has to be ripped out and rebuilt so Im starting at square one.

Customer: replied 2 years ago.

the other problem I have is that I do not have his address nor any other details for him so how can I take him to a small claims court?

Expert:  Ben Jones replied 2 years ago.
It is impossible to predict the prospects of success of taking this to court, there are far too many factors, which neither you nor I know yet that would influence this. I recently took someone to the small claims court for £250, tried all the tricks in the book and ended up worse off than I started, due to the extra fees and cost, with not a penny from the debtor. So there is always going to be a risk involved in taking this further and no guarantees of getting your money back.

If you do not have an address for this person you could still make attempts to serve them personally but obviously will need to locate them and meet them to hand them the papers personally.
Customer: replied 2 years ago.

mmkmm ok, so would you suggest I just cut it loose and if he tries to claim any funds from me I could respond with photos and of course the essay txt I sent him. Its all quite frustrating, should I have gone with my gut feeling and not get him to start the job.

Expert:  Ben Jones replied 2 years ago.
only you can decide whether to let this go now or pursue it, I can just tell you the options and what the risks are. For £300 you may wish to decide to leave it and then if he tries to claim something you can of course defend any claim he tries to make - at least then he is the one spending the money on courts and incurring further expenses
Customer: replied 2 years ago.

Exactly that is what I thought, I will leave it and cut my losses I think. Thanks Ben.


Expert:  Ben Jones replied 2 years ago.
No problem, all the best

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice