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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My daughter had her bathroom renovated by a contractor and

Resolved Question:

My daughter had her bathroom renovated by a contractor and I paid the bill directly into the contractors bank account. A few days later a shower hose stooped working and we contacted the contractor who said he was to busy to come around to look at it because of other commitments. After a approximately two weeks, tired of a non-functioning shower, we engaged another contractor who after investigation found that the connection inside the wall had disconnected because of faulty workmanship. He has stated this in a letter to my daughter. The cost of rectifying the faulty work cost £500 which again I paid. On contacting the original contractor he said he was not going to pay as we had engaged someone else. In the meantime the shower had been out of action for two weeks.
My question is : Can I bring a small claim against the contractor for the faulty workmanship or would my daughter need to do this as although the contract was between the contractor and my daughter I paid the contractor directly for the work?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : For now please let me know who it was that instructed to do the work?
Customer:

My daughter

Alex Watts : Ok, then it's her that needs to bring a claim
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 signed delivery and keep a copy
Alex Watts : 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.
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 : The contractor must act with all reasonable skill and care pursuant to section 13 of the sale and supply of goods and services act 1982
Alex Watts : Further goods supplied must be fit for purpose, as described and of suitable quality as the sale of goods act
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:

So the contract is between my daughter and the contractor and I who paid for it doesn't enable me to make the claim?

Alex Watts : Sadly not. She instructed the contractor not you.
Alex Watts : if you had instructed the contractor you would have been ok
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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