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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a quote from a company with a cost to install 5

Resolved Question:

I received a quote from a company with a cost to install 5 radiators and a consumer box in my flat. They took five weeks to start the work after accepting the job telling me they would do it in 1weeks time. Then they told me I had to pay75% of my bill even though it was not mentioned on the quote and they had only put up two radiators and trunking. After arguing they then carried out the rest of the work. However not 5 radiators only four and one bathroom heater. But I was willing to accept this as I just wanted it finished. However now they will not give me a test certificate until I pay it all. I have asked for a scanned copy of the niciec certificate and they are refusing. The company are not registered but tell me their electricians are. I was advised to ask for a copy to ensure they are legal and it is safe. However they will not even give me that. Now they have told me they are going legal and will charge me 5% per day If i do not pay. I have paid them nearly all of it apart from £100 to get someone else in to do the safety certificate but they say I have to pay in full.What shall I do.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you sign any terms please?

Alex Watts :

If so what does this state about payment before a safety certificate please?

Customer: I received a quote via email with an amount of £1307.99 with a letter saying what is being supplied. I went back via email and said that I would like to go ahead
Customer: There was not & c,s attached and when I was requested to make the first payment I said it was not stated in the quote and could they refer me to where it was. They did not and after much arguing they agreed to complete the job
Alex Watts :

They can't charge you 5% per day, they have no terms.

Alex Watts :

Even if they took you to Court they would only get 3% per annum

Alex Watts :

But you should write and ask for the document within 7 days or say you will go to Court for breach of contract as they have failed to act with all reasonable skill and care pursuant to Section 13 of the Sale and Supply of Goods and Services Act 1082

Alex Watts :

1982

Alex Watts :

You would sue for the breaches and delay, together with an Order that they deliver up the documents.

Alex Watts :

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?


 

Customer: My argument has always been with them that it was not stated on the quote they would need payment upfront. I said I would pay when the job is done. I was advised to ask for a copy of the certificate so I could verify they were a legal company. I had already asked the question that they were qualified as I could not see the company on the nic website. They told me they weren't registered but their electricians were.
Customer: I have paid them all their money apart from £100 which is the cost it will be to get another electrician and certificate. Can they still take me to court and charge interest.?
Alex Watts :

Yes I agree, it was never a term and even normally you would only ever pay a deposit.

Alex Watts :

They can try and take you to Court, but you could file a defence and counter claim against them.

Customer: ok thanks I will try and give them 7 days etc and take it from there. I can't see them doing it for £100 now as it won't be worth their while
Alex Watts :

Can I help with anything else?

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/

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