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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48206
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had my property spray rendered last year and I have a guarantee

Resolved Question:

I had my property spray rendered last year and I have a guarantee for the works.
We have a problem with one of the walls as it is showing black marks and the spray render has bubbled.
I have just managed to get hold of the company who guarantees the work and they have stated that because the spray render is below the air bricks it is not guaranteed, so that's tough luck!!!! He also stated that his manager is not back until January so we will have to wait. This I find totally unacceptable.
The rest of the property is fine and they also have air bricks in the same place.
I am enquiring where we stand as it seems he is not going to honour the guarantee
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you checked the terms of the guarantee to see what it covers you for?
Customer: replied 1 year ago.

Yes it has been checked and there is no mention of air bricks etc. I don't have the guarantee here at work so cannot look further. This has been less that a year since we had this done.

Expert:  Ben Jones replied 1 year ago.
Thank you. The first thing you need to do is check the guarantee to see if there is a specific exclusion on the grounds they have relied on. A guarantee is just a contractual agreement so what it covers you for would depend on the wording of the agreement itself so this needs to be checked carefully. If there is no mention of air bricks or that work below them is not guaranteed then there is no reason why you should believe tis to be the case so you could still try and hold them responsible for this. Whilst you cannot force them to undertake the necessary repairs, you could get someone else to try and do them and pursue the original tradesman for these costs. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.{C}2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.{C}3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.