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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had an electric shower installed less than 2 years ago in

Resolved Question:

I had an electric shower installed less than 2 years ago in a flat I rent out. Recently the tenant complained that they were receiving electric shocks from the shower. I asked the plumber who had installed the unit to repair it. He said that the shower needed to be replaced and a new fusebox installed. I told him that the guarantee on the shower was for 2 years and that he had replaced the shower once before. I suggested that he should respond quickly as legal action could be taken due to the danger to the tenant. He then refused to take any further action. I got a second opinion from an electrical engineer who said that there was a leak on to the electrical wiring in the shower which he repaired. He said that it was advised by the manufacturer that RCD electrical protection should be installed to protect the user against electrical shocks. I am concerned that the plumber :1 did not advise on the necessity to protect the electrical shower and 2 that he did not point out the leak but instead advised to replace the whole shower. Can I take any action to prevent this plumber endangering others with his work?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have reported this to anyone?
Customer: replied 2 years ago.

No. I have agents who are managing the flat but they do not know the details.

Expert:  Ash replied 2 years ago.
Ok. Sadly you can't force the Council to take action, it is a matter for them who they do and do not prosecute or enforce against.
However if they do not do anything you can complain to the Chief Officer. That office is investigate and will consider the matter further.
You can also complain to your local Councillor. After all they are elected by you and there to do your bidding.
If you are not happy with the response then you can complain to the Local Government Ombudsman. They offer a free, independent service and can investigate your complaint at: www.lgo.org.uk
As to the refund of the £72 I can outline the process:
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.
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.
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 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.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I think that maybe your reply has been sent to me in error. It does not seem to relate to my question which was in relation to the action I should take against a plumber who made a faulty and potentially dangerous installation of an electrical shower unit in a flat that I rent out. Many thanks

Expert:  Ash replied 2 years ago.
Forgive me yes. You can stop him trading. You must report it to Trading Standards who can investigate and prosecute. If the professional is a member of a Trade Body you can complain to them to. But sadly those two bodies are the only ones to stop him trading. The further answer I gave was in relation to any work you had done and you wanted to recover the cost.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. 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. 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 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. Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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