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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On 29/07/2014 a gardner attended to complete a garden tidy/clearance

Customer Question

On 29/07/2014 a gardner attended to complete a garden tidy/clearance job, while this was being completed a member of their staff caused significant damage to one of the windows in my conservatory. The glass smashed and shattered, at this point he assured me that they would repair it and claimed that it was them that was at fault. On 6/8/2014 after no contact from him i messaged him via facebook, at that time he replied saying “Window is ordered Simon and will be with you next Friday sorry I forgot to message you. Mike” This would have been 15/8/2014. As he said he would be here on this date to replace the window I had to close my shop and wait in for him (this lost me a days earnings). However no-one turned up I was in all day and did not leave the house. I attempted to contact him various times by Message On Facebook, and by calling on the mobile number advertised he is yet to reply. I have had the get the AA out to make the window safe. and been advised that a replacement would be in the region of £400 due to the size. I have just had a look online and his website is no longer available. What can i do to resolve this i have his address he has been paid for the work carried out also can i claim for the days lost earnings?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Is he self employed or has a limited company please?
Customer: Hi, he is self employed
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. He is self employed so you can send this to his last known address

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?


Alex Watts :

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