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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Sir/Madam A roofer came to fix our gutters. They are still

Resolved Question:

Sir/Madam

A roofer came to fix our gutters. They are still leaking. He is refusing to make good on the worrk nor refund us the money we paid him. We did not get, nor were offered the option of getting an official quote or receipt. The job was paid in cash. We have record of all communication and dealings through Rated People.

Do we have grounds to take him to the small claims court?

Thanks

Richard Wiseman
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much did you pay for the work?

Customer:

£280

Ben Jones :

olk let me get my response ready please

Customer:

Thanks Ben. Much appreciated.

Ben Jones :

It is certainly possible to take this person to the small claims court but do not think that this will guarantee you getting any money back or resolving this. The risk is that you end up spending more money to make the claim and still not get a penny in return. It is unfortunately rather easy for people to ignore the court process and bury their head in the sand, leaving you to do all the work and trying to pursue any court judgment you get against them. I have been through it myself and spent an additional £200-300 trying to pursue the judgment I won and still got nowhere, so just had to give up in the end as it was just not worth wasting more money pursuing this. What could happen is that he ignores the process, you win but then you still have to find ways to enforce the judgment and that is where the additional costs come in – every method, whether it is bailiffs, attachment of earnings order, charging order, etc will cost you more money and not be guaranteed to get you any money back. So it is a risk, that’s for certain. Of course it is not guaranteed this is what will happen here but it easily could. On the other hand if you make a claim he could be prompted to reconsider his position and agree to repair the work or pay compensation but that depends on how well he knows the legal system and what he can get away with. So for the sum you are pursuing I would think twice before going to court, but obviously it is an option if you want it.

Customer:

Thanks Ben. A great response! To clarify, can I still persue, even without a receipt?

Ben Jones :

yes you can, you do not need any written documents to pursue them, that is not a legal requirement

Customer:

Thanks Ben. That has answered my question perfectly. Have a nice day.

Ben Jones :

You are welcome, all the best

Customer:

I would like to rate this service. It saya

Customer:

It says you need to leave chat.

Ben Jones :

it's a known bug sometimes, you can just type your choice here instead, thanks

Customer:

I would like to rate Ben Jones' service as "Excellent". Many thanks.

Ben Jones :

Thank you, noted

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