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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Small claims, how do I initiate a claim?

Resolved Question:

Small claims, how do I initiate a claim?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

For the avoidance of doubt please this is a contractor you retained to carry out work on your driveway and you are dissatisfied with the work he carried out?

Joshua :

If this is correct may I ask when the work was carried out and whether you have paid the person in question?

Customer:

Nothing received?

Joshua :

Hello - are you able to read my above posts?

Joshua :

Would you like to continue? Are you haveing any difficulty with the chat window?

Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 3 years ago.
Hello
I ahve switched from chat to a question and answer format as I fear you may have been having difficulties with chat?

Are you able to read this now please?
Customer: replied 3 years ago.


The contractor was employed by me but unfortunately I paid him before the sealant dried. When it dried it would appear that it was not sealant part of the driveway has turned white (like distemper) and half is dull and does not look as if any sealant was applied. I telephoned him the next day and he said he would come back on a dry day. Last Wednesday he rang and said he would be here in one hour but he never turned up.


 


I have left several messages on his mobile and landline but he has not responded. I have also sent an email with no response.


 


The work was initially carried out on 12 February.

Expert:  Joshua replied 3 years ago.
Many thanks for the above.

The first step is to consider putting something in writing to him referring to the previous conversations and that you are disappointed that he has still not returned to make good the outstanding issues reminding him that he is liable to ensure that his work and any materials supplied by him is and are of satisfactory quality and that unless he contacts you within the next 7 days you reserve your position in respect of contacting an alternative contractor to quote for rectifying the work in which circumtances you would look to him for the costs of that contractor. Ensure you keep a copy of that email or letter you send him.

If he does not contact you then consider obtaining two quotes from other contractors to rectify the work and consider the cheapest.

From there you can either look to claim the costs of that work from the original contracotr either before you engage another or afterward. The simplest way to do so is to use the online issuing service www.moneyclaim.gov.uk.

Your claim would be for breach of contract on the part of the contractor for his work/materials supplied being of unsatisfactory quality as required by the terms implied by the Supply of Goods and Services Act. Ensure you issue your claim against the correct person - this will be the person you paid i.e. Joe Blogs or Bloggs Ltd and so on.

Is there anything above I can clarify for you?
Customer: replied 3 years ago.

Thank you that should be sufficient for me to be going on with.


 


 

Expert:  Joshua replied 3 years ago.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me