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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2014 I accepted a building company's quotation, which was

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In 2014 I accepted a building company’s quotation, which was with a ‘before Christmas’ (6 to 8 weeks) completion date, to erect an extension and conversation works to my property. The work commenced middle of October 2014. It went well for the first 3 to 4 weeks but then, I was practically abandoned, just a day’s work undertaken here and there. I explained to Michael Woolner, a manager (who is the husband of the sole director, Sarah Woolner), that the work really needed to be completed on time as I was due to have a kidney operation just after Xmas. After that, all I kept getting was empty promises. The kitchen was then incorrectly fitted. I had my operation but could not go back to the house 5 weeks as the ground floor was not heated. Mr. Woolner stated in an email to my son, who was looking after the project whilst I was recuperating, that the works would be completed by 20th March. He then gave me a letter saying it would be completed by 1st May, but to date it is still ongoing. I am 69 years old, my blood pressure has been playing up and my doctor tells me that I now have shingles, all because of the stress brought upon me by this man. Would it be possible for me to seek compensation from Mr. Woolner personally, as he is the one who has caused these problems to my health ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was Mr Woolner acting on behalf of a company?
Customer: replied 2 years ago.
Yes he was
Customer: replied 2 years ago.
The problem is, I do not believe the company has any assets as such, apart from a couple of vehicles.
Expert:  Ash replied 2 years ago.
Ok, its bad news I am afraid. The employer is vicariously liable for the actions of an employee. That means that you have to sue the Company. I can outline how to sue the employee though if you wish to try that.
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?
Customer: replied 2 years ago.
To date, financially I have not really lost out, but it's all the stress and anxiety that has had an effect on my health. This is why I was enquiring if I could claim some sort of compensation direct from him.The man has no empathy and obviously lacks conscience about everything which does not affect him. I've had almost a year of non stop stress. I was in hospital twice the length of time expected due, to what I believe was my resilience being low because of stress. Plus I now have shingles as I am still struggling to try and get the work completed after almost a year of workman periodically being in my house. It seems so awful that people such as him can get away with this because in reality he is the company, but he operates as a manager, with his wife as director.
Expert:  Ash replied 2 years ago.
Yes you can claim for stress and anxiety. That is a claim if it can be proven.
Does that help?
Alex
Customer: replied 2 years ago.
Just confirming I am understanding you correctly.So I can claim off of Mr.Woolner personally for stress and anxiety?
Expert:  Ash replied 2 years ago.
No I do not think you can.
However I outlined the process for you, in case you wanted to try it.
Does that clarify?
Alex
Customer: replied 2 years ago.
It suddenly occurred to me that this company must have assets because although Mr.Woolner told my son that their only assets were 2 vans, recently they were taken to court by a customer and lost the case, at which time Mr. Woolner said that they would have to pay £800 costs.I think checking at Companies House to find out their 2014/2015 profit figure might be a good idea.I am also thinking that as I was supplied with a written completion date, albeit by email, surely they are in 'breach of contract'.Please accept my apology for being a pain.
Expert:  Ash replied 2 years ago.
Yes but I think your claim is against the company. Yes they are in breach of contract.
Does that clarify?
Alex
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Expert:  Ash replied 2 years ago.
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