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.
There is a contract for you to do the work for £x price
You also have a duty to act with all reasonable skill and care.
Therefore you are entitled to get the work done and put right
You have one opportunity to this.
If she refuses to let you then you can issue proceedings, if you wish for the work done, less any cost to put right
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not pay 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?
So the fact we have attempted twice to fit the job, we don't have 'a leg to stand on'.? I know its a long shot but do i have right to get my goods back as she hasn't paid for them, or do i have to offer her deposit back
Yes that helps.
Clearly you have a right to payment for the work done to date.
I can't see how you can get the goods back without a Court Order.
You can charge a reasonable sum for the work done to date.
You can bill whatever you feel is appropriate given the standard
Does that clarify?