Alex Watts : For now please let me know who it was that instructed to do the work?
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?
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