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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice
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I Have a contract with Tesco Bathrooms for refurbishing of

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I Have a contract with Tesco Bathrooms for refurbishing of two bathrooms in my house. Work started on 12th Feb, and scheduled for 2 working weeks ending 21st. Feb. Due to mistakes by supplier of the necessary equipment such as flooring tiles the work is now at a dead halt with second main bathroom 'ripped-out' but needing at least 7 days continuous work. Nothing seems to bother Mark II suppliers from Bolton. Bathroom Fitter has had many problems with that firm and now is refusing to do any more work for me as the struggles with Mark II cntinue. I have sent an official Letter of Complaint to the Firm who have neither answered nor acknowledged my 'Recorded Delivery' letter. Currently it has been nearly a month with the the Bathroom and Bedrooms in a complete shambles I would like to sue the Firm or Tesco Bathrooms whose advert first attracted me to their offer. Please, what can I do to sort all of this out? Richared XXXXX XX. XXXX XXXX, XXXXXXX XXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

You are a subcontractor I presume?
Customer: replied 2 years ago.

No I am a Householder who responded to an Advertisement by Tesco Bathrooms as explained in my original statement

Expert:  Jo C. replied 2 years ago.
Thanks.

What would you like to achieve here?
Customer: replied 2 years ago.

I feel the standard of service is very poor and has already taken double the time agreed in my contract with Tesco Batrooms. I would like some compensation for their poor service and if necessary take them to Court

Customer: replied 2 years ago.

Firstly I would expect to have my Bathrooms completed responsibly and professonally as implied by their Sales Rep.
Next I feel that this quite seriously delay in completion is largely due to the poor service and inefficiency of the Suppliers, MkII.


Fnally all this delay and hold-ups is causing a great deal of stress and I feel some compensation is in order. But do I have to take them to court or is there a Tribunal that would adjudicare?

Customer: replied 2 years ago.

I am unable to decide what more info you require. But please be specific. Ths seems to be rather extended?

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes your question to the back of my list.

I need to know what exactly is wrong with their service. You keep saying 'poor service' and 'shambles' but not describing the exact fault?
Customer: replied 2 years ago.

As I said. A contract for 2 Bathrooms in my House to be refurbished, through Tesco Bathrooms was contracted to take two working weeks to complete. But nearly a month later the Bathrooms are not completed. Some of this is due to the Supplier - a company called Mark II from Bolton - has been slow in delivery of the necessary equipment. Often sending the wrong Floor Ties for the Bathroom and have only just completed delivery of the right Tiles which is 3 weeks late. Much disruption of the bedrooms and Bathrooms has caused much distress. Do I have any redress?

Expert:  Jo C. replied 2 years ago.
So the essence of this is that there has been delay?

There is no complaint with the work?
Customer: replied 2 years ago.

There has been only minor defects in the conversion of the first Bathroom but the Main Bathroom has only just started which is 3 weeks late.


The lengthy delay is very stressfull with our domestic life in upheaval.


The main complaint is that the firm, has not carried out ii's contract.


I have sent a letter of complaint to the Supplier Mark II but have received no reply to date

Expert:  Jo C. replied 2 years ago.
Ok.

Can I presume that you didn't use the words 'time is of the essence' when you agreed the contract?
Customer: replied 2 years ago.

Don't know. Will check and come back tomorrow

Expert:  Jo C. replied 2 years ago.
Ok.

Come back when you like. I will be here.
Customer: replied 2 years ago.

The Contract does not stipulate the phrase 'time is of the essence'

Expert:  Jo C. replied 2 years ago.
No, I suspected it might not.

What actual financial loss were you caused by this delay?
Customer: replied 2 years ago.

Up to now no actual financial loss has been felt

Expert:  Jo C. replied 2 years ago.
Ok. Thanks. I need about 30 mins to type out an answer if thats OK.
I'm afraid its bad news though.
Expert:  Jo C. replied 2 years ago.
Thanks for the time. I did respond to this yesterday but it obviously didn't upload.

Your complaint here basically seems to be that they have been late. Since you didnt agree that time was of the essence in this contract that does not amount to a breach striking at the heart of the contract so you cannot cancel on that basis.

You have not yet been caused any financial loss so there is no claim arising at this stage.

However, you are only under an obligation to wait for a reasonable time before instructing another and suing for the cost.

You need to write to them giving them 28 days to complete and making time of the essence in the contract. 28 days is a reasonable period of time to do this work or at least begin and offer a good reason as to why it cannot be completed.

If they do not do the work in that time and you have made time of the essence then you would be entitled to instruct another to complete and sue them for any addition cost you suffer. Its very unlikely to come to that.

If they do the work in time then you would not have a legal claim as there is no financial loss but if you complain emphatically they may well offer something in the interests of good business. Complaining achieves what litigation would not.

Sorry if this is bad news.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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