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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, on 28 Feb, a salesperson from Anglian visited our property

Resolved Question:

Hello, on 28 Feb, a salesperson from Anglian visited our property and we showed him a picture of what we wanted, which was something that resembled a sun lounge. He said that we could achieve a similar look more cheaply by putting in wall to wall windows and by changing an existing french door into a wider door with a side glass panel. So basically two window openings were to be changed. We thought, at the time, it was a good compromise and signed on the dotted line. Surveyor came out, measured up and then on 8th April the installation team arrived but they said that they wouldn't install the wall to wall windows because they needed someone from survey dept to relook at the job but that they would continue to install the french door with side glass panel. To cut a long story short, over last couple of weeks we have had in writing from Anglian that the wall to wall windows option is not possible due to building regulations.
They are now offering us, the option to reduce the width of the wall to wall window or to remove the wall to wall wiindow part from the order.
The small print of the contract states that payment for work part completed should be paid for, but in truth, we would not have had the other part of the job installed had we known that Anglian couldn't do the wall to wall windows. We would have gone elsewhere ie a local builder who could do the whole job.
We recently had Everest around to quote us for the same job, but they wouldn't quote us given the structural work involved. This, in our opinion, is what Anglian should have done.
Where do we stand legally? Do we have to pay for work that has been completed or not?
Do we have any case at all that Anglian should have picked this problem up at the stage of survey, enabling us to cancel the contract and go elsewhere and that they shouldn't have installed the other part of the order?
It is probably worth saying that we completed all parts of our side of the contract which was to get some electrics extended and remove a radiator. Are we entitled to claim this cost back from Anglian?
Also, the timescales have been ridiculous and customer service appauling but not really relevant for this question of law.
Thanks
Mrs Lewis
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** 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.

Alex Watts :

How much are they charging? Have you had a second opinion so you know the wall to wall windows are not a legal option please?

Customer:

They are charging us just under £6000, but we have only paid £95 deposit so far. Everest wouldn't quote us because of the structural work and we have a quote from a builder, but the work the builder will do will be to install a few more steels / lintels /supports to make it conform with building regs.

Alex Watts :

Ok - what is it you want to achieve?

Customer:

I want to leave the contract with Anglian and use a local builder but I really don't want to have to pay for the work Anglian has completed, since I wouldn't have had it installed if I had known that they couldn't do the other window. To me it was one order not two.

Alex Watts : Indeed. Do you know the cost of the new works please?
Customer:

A builder has quoted us £11100 to give us what we originally wanted, but I should be getting a similar quote for the work that Anglian offered us as the alternative later today.

Alex Watts : You need to write and set out your losses and request a refund 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 : Can I clarify anything for you about this today please?
Customer:

I haven't paid them anything yet, but I am concernced that they will try to charge me for the work they have part completed. Will I have to pay for that work?

Alex Watts : No. They are in breach of section 13 of the sale and supply of goods and services act 1982 for failure to act with all reasonable skill and care.
Alex Watts : Does that help?
Customer:

Thanks Alex, yes it helps enormously.

Customer:

That helps enormously, thanks Alex

Alex Watts : Great. If I could invite you to rate my answer before you go.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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