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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Might be a bit complicated this one, any help would be

Resolved Question:

Hi
Might be a bit complicated this one, any help would be appreciated.
I have a Green deal improvement voucher issued by the Governement for £6000, the voucher expires 20/01/15. The voucher is for external wall insulation and i have an agreement with an approved installer to conduct the work. I have paid my contribution £1829 to the installer. They now tell me that they cannot undertake the work due to the weather being too bad. They said i am free to find another installer to do the work. Considering they wont do it due to the weather condition i doubt any other firm will. I have also spent several 1000 pounds preparing my dwelling for the works. I would like to know if i can force them to do the work, if i can't and i can't find another installer in time can i claim damages for the preparation work and the loss of the voucher?
Thanks
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 :

For now please let me know whether they are prepared to do the work, or just when the weather gets better?

Alex Watts :

Have you approached other companies to see if they will do the work?

Alex Watts :

Is the voucher just linked to them or can be used by anyone approved?

Customer:

Hi

Customer:

The nature of the work is dependent upon the weather so i can't see any other installer taking on the work

Customer:

Alos the voucher is only valid until Jan next year

Alex Watts :

Does the work have to be COMPLETED by 20th Jan?

Customer:

Yes

Alex Watts :

Have you asked whether the voucher can be extended?

Customer:

Yes, the answer is No

Alex Watts :

Have I understood that you have not approached any other installer as yet?

Customer:

Yes, it seems pointless if the weather is an issue

Customer:

An agreement was signed 28/9/14 for the works to start week commencing 13/10/14

Alex Watts :

Ok. Why didnt they start on 13th Oct?

Customer:

They were prioritising their work load and doing those with less time on their vouchers

Alex Watts :

Ok - so they COULD have done it during the time?

Customer:

Yes, weather was brilliant for October

Alex Watts :

Ok. Then what you can do is ask them to do the work and they suffer a loss.

Alex Watts :

It is their own fault they can not complete it within time.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to take all reasonable skill and care.

Alex Watts :

In any event you can ask them to do the work for no additional fee.

Customer:

Yes or an act of God

Alex Watts :

If they refuse then you can get the work done elsewhere and sue them for the cost.

Alex Watts :

You need to write and set out your losses and request they do the work or pay you to get it done elsehwere\ 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?

Customer:

No that's great thank you for your time and advice.

Alex Watts :

Can I help with anything else today?

Customer:

You've been great, thanks

Alex Watts :

Happy to help. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

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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