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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Hi there i wondered if anyone can advise me please. last

Resolved Question:

Hi there i wondered if anyone can advise me please.

last year i took out a lease on a business for pressure washing and protective sealing driveways,roofs etc. I went on a course that taught us the basics on how to clean and seal. Last year i cleaned and sealed two driveways and both customers paid £800 each extra to have the sand and paving blocks to their drive sealed. The company that i purchased the business package from formed my website leaftets etc and both customers spent their money on having the sealer applied. However after 4 weeks the sand between the joints on both the driveways completely came loose after being driven on. Now when i questioned the company on why this happened they stated that some block driveways move more than others and this particular block driveway cannot be sanded between the joints at all. The company have visited the customers and told them that their drive is the problem as they haven't been laid properly and although the sand in the joints came free the blocks are still protected. Obviously the customers are not accepting this and are asking what can be done as had they have known that the sand between the joints would not have stayed solid they wouldn't have spent the money on having it sealed. On my leaflets and website which i paid for via the lease it states all sand becomes solid and inhibits weed growth. Not only is this incorrect it was never ever explained on the training courses that this could happen. So i need advice on what i can do as the customers feel that had they of know this could happen they would never have spent the money on the protective sealer and had i known i would never have sold this to the customer in the first place..Regards
Steve Freeman
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today.

Are you asking about your possible liability to the customer?
Customer: replied 2 years ago.



I purchased a product from a company that missold it and without proper knowledge and training have sold it to my customers and it hasnt done what the customer and myself were told it would do. Both customers do not hold me liable but the company who sold the product. Therefore can i legally pursue the company that sold it to me to get the customers monies reimbursed.




Expert:  Alice H replied 2 years ago.

The customer has a right under the Supply of Goods and Services Act 1982 to expect the supplier of a service to carry out the work with "reasonable skill and care". This is an implied terms in any contract for services in England Wales. Also if the leaflets give the wrong or misleading impression about the quality of the product or service then this could amount to "misrepresentation" under the Misrepresentation Act 1967.


Failure to meet this standard of reasonable skill and care and misrepresentation gives the customer a right to seek compensation for breach of contract which could be in the form of a refund, repair or replacement. So, in short, it appears the customer has a claim because the standard of service fell below that which the customer expected and this claim is against the company.


If the customer wishes they could ask you to pursue the claim on their behalf but ordinarily this is something the customer ought to do directly with the company to avoid a conflict of interests situation (either the customer or the company could ask you give evidence about the way in which you did the work and you do not want to be in a position where you are trying to help the customer but also being called to court as a witness if the matter goes that far).


Hope this helps. Happy to discuss further if needed.



Customer: replied 2 years ago.

Hi Alex


Thanks for your fast reply. Can i just ask if the two customers do ask me to pursue it for them what do i need to do and how do i pursue it ?





Expert:  Alice H replied 2 years ago.
Realistically the customers would have to make a claim aganst you and then you make a claim against the company for breach of contract. Anything you recover can then be passed on to the customer. Otherwise the only thing you can do I suppose is act as a go between.

Just to make it clear: although you could sue the company for breach of contract based on misrepresentation to you and lack of training you have not lost anything really. Therefore, any action you take against the company is pointless because you will not be out of pocket. But if the customer makes a claim against you, you would have to claim against the company to cover your losses.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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