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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a lot of problems with a project managing firm ( the

Customer Question

I have a lot of problems with a project managing firm ( the lady builder ) and the building firm FCM...... I have been forced to bring in my own electrician as there are a number of power points not working in a house that has been rebuilt under a couple of years..... I have got a new electrician to do a full certificate and has found some serious issues .... I have asked the old builder to provide me with the original electrical certificate so I can prove things have not been done correctly and perhaps hold the person who provided the original certificate accountable ..... The issue is since we are goi g through the snag list and we have the last 5 percent still unpaid they refuse to provide me with the electrical certificate ... Do they have any right to withhold this ? How can I ever get comfort without the receipt of this ? I a, also concerned they are completely lying and do not have one . Any suggestions
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Does the cost of the new electrician outweigh the 5% ?
Customer: replied 2 years ago.
No
Expert:  Ash replied 2 years ago.
Ok. Then you are entitled to the difference.
You need to write and ask for the certificate within 7 days or say you will go to Court. If they refuse then you can issue proceedings using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You are asking the Court for an order that they deliver up the certificate. The court will send a copy of the claim form to the other side and list the matter for a hearing.
You can put your points across and the Judge will decide whether to make them give the certificate to you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
You mean i am liable to pay the difference .... So by law they should provide this certificate now ... It is not lawful to force us to pay all outstanding monies prior to certificate receipt ?? The issue is there are a tone of things left outstanding and if I proceed in doing it all myself I will fast get through the entire outstanding cash owed to them..... Is the a law quote I can give them regarding the certificate to force them to comply other then see you in court ?
Expert:  Ash replied 2 years ago.
Yes you are liable for the difference. Its a matter of contract, they have breached it and your loss was the deduction to claim.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
Hi ... If I want to ensure no other person has to go through what I have with the lady builder what would be the best legal course of action ? Or regulatory body they should be reported to
Expert:  Ash replied 2 years ago.
Trading Standards, Action Fraud and if they are a member of a professional body, that one,
Does that help?
Alex