Hello my name is ***** ***** I will help you with this.
For now please let me know whether they are prepared to do the work, or just when the weather gets better?
Have you approached other companies to see if they will do the work?
Is the voucher just linked to them or can be used by anyone approved?
The nature of the work is dependent upon the weather so i can't see any other installer taking on the work
Alos the voucher is only valid until Jan next year
Does the work have to be COMPLETED by 20th Jan?
Have you asked whether the voucher can be extended?
Yes, the answer is No
Have I understood that you have not approached any other installer as yet?
Yes, it seems pointless if the weather is an issue
An agreement was signed 28/9/14 for the works to start week commencing 13/10/14
Ok. Why didnt they start on 13th Oct?
They were prioritising their work load and doing those with less time on their vouchers
Ok - so they COULD have done it during the time?
Yes, weather was brilliant for October
Ok. Then what you can do is ask them to do the work and they suffer a loss.
It is their own fault they can not complete it within time.
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.
In any event you can ask them to do the work for no additional fee.
Yes or an act of God
If they refuse then you can get the work done elsewhere and sue them for the cost.
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.
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.
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?
No that's great thank you for your time and advice.
Can I help with anything else today?
You've been great, thanks
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
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