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.
Is there any correspondence between you and Bath store that demonstrates that you asked them to carry out a full refurbishment of the Bathroom please or was everything conducted verbally apart from the agreement they may have asked you to sign please?
Is the term included in the specification or hidden somewhere separately?
Thank you. could you kindly tell me what the provision excluding electrical works says please?
The condition or provision that excludes electrical works....
Has the work commenced on the bathroom?
Was the above "observation" discussed with you prior to your giving the go ahead? I presume not from what you say?
thank you. The above observation is by no means clear as it is not make clear whether a further estimate was proposed after the quotation you have received or whether the quotation you received was on the basis that the position had been subsequently clarified following the observation and the quotation provided.the additional circumstances of what was said to you and not said to you would also be of relevance
the position is subject to interpretation and what will be crucial is your understanding of what you are paying for. On the one hand, the supplier has an order that does have evidence that suggests that further work would be required but the provision lacks clarity. On the other hand, you will presumably argue that you understood that you were paying for a complete bathroom refurbishment which necessarily included electrical works required and would never have gone ahead had you understood that none of the electrics would be functional and the above observation was never explained to you.
if the matter proceeds to court, much will depend upon whether the judge believes that you did not understand that electrical works were to be on top of the price agreed and what you say that the representative told you at the time he made the order. You will presumably argue that you have instructed the supplier to carry out all works required and the caveats the supplier now attempts to rely upon whenever explained to you and clearly you would not have gone ahead with the work had you understood that none of the electrics would be functional and worse, if this is the case, that if electrical works are now required, this may damage the decorative finish of some parts of the bathroom in order to enable those works to be carried out. In fact if this is the case, this would be good supporting circumstantial evidence for your argument as logically, one would not install a new bathroom including finishes if some of those finishes had to then be undone in order to carry out electrical work
it is of how you may consider proceeding, initially, you may consider writing to the supplier with the above observations setting out your position that you understood you are purchasing services for the completed installation and that the carrier with regards XXXXX XXXXX separate electrical works was not agreed with you or explained to you inviting them to return to complete the job failing which you will instruct a third party contractor to quote for the work required and look to them for the costs if necessary issuing a claim in the Small Claims Court
if they decline to attend to complete the work you can obtain one or two quotes from contractors to carry out the work and then consider issuing a claim in the County court. As above, the outcome of litigation will be to some extent uncertain and depend largely on the evidence you can present to the judge as discussed above. For this particular case, it would be very worthwhile your physically attending the case rather than simply asking the judge to proceed on the basis of paperwork alone is your personal evidence will be very important in particular, your credibility
Small Claims Court action does not expose you to legal fees of the other side and the cost of issuing a claim is in the order of £60 (please note the county court website is - once again down - and so I looking at a slightly out of date fee list but it went vary by much). Therre is a further fee of circa £50 if the matter proceeds to hearing all of which are recoverable if you are successful
is there anything above I can clarify for you any further?
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
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