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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Misrepresentation

Customer Question

I have just purchased a monoblock drive from Zenith. I am happy with the work done by the contractors. However the salesman stated that the drive would take 4 men 4 weeks to complete. It actually took 2 men  7 days to complete, so I was overcharged. I was also told that the blocks were bespoke, made especially for me, when they arrived they came from Travis Perkins and I could have bought them off the shelf myself. I have asked the men who completed the job how much it would cost and they could have done it for half the price and still made a healthy profit. Therefore I have been charged for blocks which were misrepresented and 80 days work not 14. Do I have a case to request a refund of half the costs from Zenith. Regards XXXXX XXXXX

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 : Did they provide a breakdown for the labour so 4 men 4 weeks or was it a global labour charge?
Alex Watts : Did you get alternative quotes please?
Customer :

I did not get a breakdown of the individual costs, the original quote was for £21,000 which with various "discounts" i.e. letting them put up a board, and phone calls to a "manager" was brought down to £15269. The salesman said he was Marketing Manager, this turns out not to be true. I did not get another quote at the time, as I was told we were paying for 4 men's wages for 4 weeks, and the blocks would be especially made for our job. We were shown the processes in a brochure, but not left with the brochure.

Customer :

I have since had a verbal quote from another company who said it would cost around £7,000 for the whole job, with 2 men for 7 days.

Customer :

I have been lied to about the job status of the salesman. The man hours to complete the job (therefore charged a much higher rate), and the fact that we paid for bespoke bricks which we did not receive.

Alex Watts :

There are two elements here, the labour and the materials.

Alex Watts :

For the labour I do not think you have a claim. Just because they think it will take x hours does not mean you can hold them to it.

Alex Watts :

You would have been free to get alternative quotes, someone else could have taken quicker.

Alex Watts :

Therefore with the labour I do not think that you have a claim.

Alex Watts :

If when they showed you the bricks they said they were bespoke then you may have a claim under the Sale of Goods Act in that the goods were not as described.

Alex Watts :

This is because clearly they have not been custom made but off the shelf from TP

Alex Watts :

Therefore if you have a claim it would be in terms of materials only, not the labour

Alex Watts :

As for misrepresentation I do not think you have a claim on this head - this is because the ONLY reason you signed the contract was because of the bricks.

Alex Watts :

This is unlikely as the primary purpose is the block paving.

Alex Watts :

Not the materials.

Alex Watts :

Therefore you will have a claim in the materials but for the reasons above not the labour

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

How would we go about making a claim under the sale of goods act, as clearly the blocks are not bespoke as described by the salesman, but are off the shelf.

Customer :

We signed the contract upon the understanding that the blocks were made individually for each client. Any of which were sub standard would be recycled. This was the reason given for the work to be started in 8 to 10 weeks to allow the blocks to be made especially for our job.

Customer :

Would we have a case to do this, and how much would it cost?

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 signed 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 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 :

Please remember to leave feedback before you go today please

Customer :
Hi Alex
Because the full contract amount is £15369, can we use the small claims court, or is the £10,000 limit based on how much we are claiming.
Are we reasonable in requesting half the contract amount back. We have 2 verbal quotes of £8,000 and £7,000
Lynne

Customer :
Hi Alex
Because the full contract amount is £15369, can we use the small claims court, or is the £10,000 limit based on how much we are claiming.
Are we reasonable in requesting half the contract amount back. We have 2 verbal quotes of £8,000 and £7,000
Lynne
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