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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I completed a house refurbishment for a customer in January

Resolved Question:

Hi I completed a house refurbishment for a customer in January . On completion of contract as normal a snag list was supplied and all items were completed . Some weeks later the customer contacted me via email to say they had a leak in shower room toilet . I responded straight away . We went to the toilet in question and found masses of toilet paper from the kids and obviously not flushing . We flushed the toilet several times and ran shower and hand basin no leak to be found . The customer does not accept there is no problem and is taking me to court trying to claim*****costs 410 . I have asked for access to allow my own independent report but she will not allow . As a defendant am I allowed the access because as I see it I have no defence with out my own report . The way i see it is that any thing could have been altered and by anyone without me knowing. She asked me to do a report so she could put in an insurance claim for this leak. I said there wasn't a leak and that I would not do a report so she could falsely claim on her insurance. There have been a few other little problems which I have not been given opportunity to fix and I know my legal right is to be given opportunity to fix . If she has appointed another contractor am I liable to costs for this contractor if I have not been given chance to rectify anything?
Kind regards
Paul
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

On what basis is the £9500 being claimed? Was that the total job please?

Customer:

Hi this is it i really don't know what the claim is for . I am blind and like my email to you I have asked for my own independant survey of works carried out . the snag list was completed and now this . I know I should have the opportunity to put right any problems but I am sure she has appointed another contractor and thinks sh can charge me .

Alex Watts :

What did the claim form say, it should have particularised it there?

Customer:

The claim form just says that during the contract we had a water leak and she lost confidence in me . The leak was on old pipe and not my fault on the snag list it clearly states stain on ceiling and all was completed . After visiting the alleged leak in toilet to find no leak I have witness to this as I attended with somebody present . I really don't know what the amount is for but am I right in understanding as a defendant I need to form my defence . With out looking over any evidence they produce could be falsified .

Alex Watts :

Thank you.

Alex Watts :

You should be given an opportunity to inspect.

Alex Watts :

At this stage you just need to file your defence and say why you dispute the claim

Alex Watts :

You will then be given a Directions Questionnaire when you can say you want to ask for expert evidence, that is an inspection report.

Alex Watts :

The Judge will then consider both DQ documents from you and the Claimant and give directions

Alex Watts :

That is the Judge is likely to order inspection reports and deadlines for when these need to be done

Alex Watts :

Usually this is a single joint expert report to save costs

Alex Watts :

However they would appear to have failed to mitigate any loss

Alex Watts :

First they should give you an opportunity to repair

Alex Watts :

And second even if they dont they can only claim the cost of repair from another supplier.

Alex Watts :

They can't ask for £9500 without any justification

Alex Watts :

This seems an awful lot for a leaking shower and non working toilet even if they were defective

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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