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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have used the same chimney sweep for 5-6years. 5 November

Resolved Question:

I have used the same chimney sweep for 5-6years. 5 November 2013 booked my annual sweep but I was sent another sweep. He did not use the proper method of sweeping as stated by the National Association of Sweeps (NACS) he used tape around the fire opening instead of a canvas hood. I had a brick fall 4 hours after the sweep. I wrote to NACS and they asked me to fill in a complaints form I did on 9 Dec 2013. Letter from office manager 9 Jan 2014 stating the President would look into it and get back to me. Since then I have heard nothing. I wrote on 28 April and direct to President on 21 June asking for reply. Nothing. I went for advice from Age UK (I am retired 70 in Oct) they wrote on my behalf for a response. Nothing. I have had a verbal quote to repair the chimney of around £1500 and if it needs lining £2500. This to me is because the sweep did not use the proper method and the fact that NCAS has not responded in any way implies to me that they know the sweep is guilty. I don't have the money and I cannot have a fire in that room nor use the gas fire in the adjoining room. Is there anything I can do about this. Thankyou.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
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 recorded delivery and keep a copy.

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.

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?

Customer:

Just quickly If I go ahead with your reply roughly what would it cost me to get started? Does the fact they have not replied to me indicate that the sweep is guilty and therefore I have a case? Thankyou very much for all this I am feeling better already!

Alex Watts :

If you are on a pension you may get fee remission so may not have to pay

Alex Watts :

The fact they have not replied certainly does help

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

Does this help?

Customer:

Brilliant Thankyou so much I will now close

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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