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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had my property refurbished. The builder that took on

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I have had my property refurbished. The builder that took on the job starting in the first week of January 2015 and quoted to finish on 6th March. We were not able to move back in to the property until the 18th March as the works were not complete. This meant we had to rent a property short term which was very expensive. On our return we discovered that the job was completed to a terrible standard. the new flooring put down had massive holes all around each door frames and gaps everywhere. The paint finish in every room was lumpy, streaky and actually looked like my kids painted it. The cupboards and shelving units built are not cut evenly and left to a very rough finish and several parts of the new kitchen unit have been damaged. When I confronted them they really didn't know what I was complaining about, but agreed to try and fix it all. I asked some independent builders to come to the property and they were very shocked about how the property had been left. They informed me that the floor was ruined and would need relaying, the whole flat would need reprepping and reprinting, parts of the kitchen would need replacing and the shelving unit need replacing. I know I am very stupid, but I didn't sign any contract and when I handed money over this wasn't signed for either. I have not given him his last payment yet thank god. I was wondering if I had to let them back in to try and fix the problems or if I could just walk away and get someone else to fix the problem. I would really appreciate your advise. Many thanks Kerry
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Kerry my name is ***** ***** I will help you with this.
Alex Watts : Have you obtained other quotes for getting the work out right?
Customer: Do you mean getting quotes to put the work right? If so not yet. Why?
Customer: I can do that no problem but I wanted to know if I can use people I want to use and just walk away from the original builder. Or am I obliged to use who he wants. As I said I have signed nothing.
Alex Watts : It is the builder who is liable. So what you can do is get quotes from other for putting the work right.
Alex Watts : Then you can ask the builder to do it or get these others to do it and he pays the cost less the final payment
Alex Watts : So you get a number of quotes and this forms your loss
Alex Watts : You need to write and set out your losses and request a refund or the work done 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer: No you have been great. I feel very relieved. I am pleased that I can have other people do the works for me as I am really not sure I can trust him. Thank you so much.
Alex Watts : Happy to help. Can I help with anything else today?
Customer: Hi yes there is some more advise I need.
Customer: We also had a partition removed from the kitchen to the living room. It was not a supporting wall however should the builder have received a structural engineers report before he pulled it down or does that not matter. Or was I suppose to organise the structural engineers report. Also, when I do get these quotes from new builders, what is it I need to see to make sure they are credible builders with a good reputation. Are there any specific documents they should have or be registered with whom etc. thanks
Alex Watts : that is not your responsibility, he is the expert.
Alex Watts : Sadly all you can do is check with Trading Standards to see if they are credible
Alex Watts : Can I clarify anything else for you ?
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