Alex Watts : 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, 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 : Do you know the cost of putting right please?
I estimate £4000
Alex Watts : Ok. You need to get a number of quotes for putting the work right - this forms your loss
Alex Watts : You need to write and set out your losses and request they do the work or refund you that cost 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : They are in breach if section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.
Alex Watts : Can I clarify anything for you about this today please?
Does the fact I sourced and paid for the granite effect my claim against them under the Act you quote ? The landscaper was OK with me sourcing and paying for the granite. It was late in arriving on site by four days but didn't stop him conducting other parts of the overall job; would this affect my claim ?
What are my court costs likely to be ?
Alex Watts : Did the landscaper approve the purchase?
Alex Watts : ok it should not affect your claim
Alex Watts : Court fees can be found here
Alex Watts : http://www.justice.gov.uk/courts/fees
I purchased a sample of the material which he was shown
Alex Watts : Ok that helps you
Alex Watts : Can I clarify anything else
is their a possibility I would be expected to contribute to any cost of rectification by the court
Alex Watts : Is it possible - yes
Alex Watts : But given that you had a sample, they approved it, unlikely.
Alex Watts : Can I clarify anything else?
Alex Watts : If not could I invite you to rate my answer. If the system won't let you please let me kmow
Alex Watts : If you need further help please click reply.
Am I able to contact you later If I have any further questions once I have rated your answers ?
Alex Watts : Of cpir3
Alex Watts : Of course.
Alex Watts : The question remains open although the site may give the impression it does not.