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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In April this year I contacted a builder to replace my conservatory

Customer Question

In April this year I contacted a builder to replace my conservatory roof - he was doing my neighbour's at the time- he gave me a price for materials for £1,452 .08 and said he would need that 'up front' then £200 /day for labour . He said the job would take 2 days.
The cheque was given to him on 11/04/14 and I remember signing a 'contract ' of some sort.
After much chasing up and patience by me ( single woman, by the way) he has only just completed the work this past week as he had allegedly had health issues and hospital appointments.
I was aggrieved that he had not kept me informed considering the time lapse but was patient as the present roof is not leaking and the weather has been kind.
The materials were delivered in May and the work was planned for the end of May.
I did become agitated with the delay as, asi explained to the builder I could not get in my garage as it was full with the roof materials.
As I could not find the copy of the contract I asked the builder on two occasions to give me another one but he has failed to do so.
The roof he has fitted is about 6" higher than the original and he told me I will need a plasterer to fill in the gaps.
This was not discussed at the start nor was the fact that I will have to pay extra for a plasterer.
I paid a total of £686 to him on Friday which is actually £286 more than I had anticipated.
He told me that was for sealants and foam.
He also quoted my an extra £200 if we put the cheque 'through th books'.
Naturally I went for the cheaper option.
He did not give me receipt and said he would email me one through. I explained I need some kind of receipt as I plan to sell my house in the near future.
I am awaiting quotes for the plastering job but feel that extra plastic trim on the inside of the conservatory fitted by the builder would solve half of the gap problems as it is just extending the internal plaster board and dividing upvc up to the roof.
It was not until yesterday when I opened my garage to look for something that I was faced with a garage full of my old roof materials!
He did not tell me he would not be taking it away, which I expected him to do as part of the job.
I am now in a dilemma and feel I want to stop th cheque until he gets the job finished, clears the rubbish and gives me a receipt or invoice.
Surely if the job did not go through his business books then the receipts for the materials are mine?
He is an imposing character of a man who has been very familiar in his conversations with me but I got the feeling that he is a bit of a bully so I obviously do not want to attract any repercussions though I would not hesitate to call the police if I felt harassed.
On the one hand I could just leave it, clear the rubbish myself and get someone else to finish off the job - favourable, but I also feel he should not be allowed to treat customers this way and want some kind of justice.
Can you suggest what I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was it ever discussed that he would remove the old materials or did you just assume please?
Alex Watts : .
JACUSTOMER-ym5qng33- : It was never discussed and he didn't tell me about it
JACUSTOMER-ym5qng33- : I got interrupted please continue, I have paid for this!
Alex Watts : Ok. What is it you want to achieve?
Alex Watts : Do you know the costs of putting things right yet?
JACUSTOMER-ym5qng33- : No I have a plasterer coming to me tomorrow evening
Alex Watts : ok. You need to get a number of quotes for putting the work right that was part of the job or he failed to do correctly. This forms your loss
Alex Watts : You need to write and set out your losses and request a he does the work correct or a refund of that loss 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 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?
JACUSTOMER-ym5qng33- : Ok then what? Can I stop the cheque until the job is completed? Minus what I may have to pay somebody else to complete? I find the man quite intimidating and would rather not have him back in my house but am willing to if advisable
Alex Watts : You could stop the cheque and deduct what the cost is.
Alex Watts : But you don't know what that is going to be yet.
Alex Watts : You also need to get a number of quotes for the work as you have to mitigate your loss
JACUSTOMER-ym5qng33- : Yes, sorry typed that before I read your while reply.
JACUSTOMER-ym5qng33- : should I inform of him my intentions?
Alex Watts : ok
JACUSTOMER-ym5qng33- : should I stop the cheque anyway?
Alex Watts : Yes.
Alex Watts : Thats a matter for you whether you stop the cheque.
Alex Watts : If he is going to owe you money then you are entitled to
JACUSTOMER-ym5qng33- : Ok that is fine thank you
Alex Watts : Can I clarify anything else for you?
JACUSTOMER-ym5qng33- : i needed to be sure the law was on my side in this matter
Alex Watts : of course and it is.
JACUSTOMER-ym5qng33- : Good thank you. Where are you based?
Alex Watts : Midlands.
JACUSTOMER-ym5qng33- : oh sorry! Sunday pm. I imagined it be abroad
Alex Watts : No!
Alex Watts : Can I help with anything else today.
JACUSTOMER-ym5qng33- : That's good! Thank you again
Alex Watts : Can I help with anything else?
JACUSTOMER-ym5qng33- : No that is all. Thank you Alex. Enjoy rest of weekend
Alex Watts : and you. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply.
JACUSTOMER-ym5qng33- : Will do
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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