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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently had a kitchen and bedroom installation in

Customer Question

I have recently had a kitchen and bedroom installation in a property iam hoping to sell. The furniture company completed the installation on 9th October. There were several problems arising including the measurements between the fixed bedside cupboards leaving the space unable to accomodate a king size bed.
The measurements were agreed by us with the company, everything is shown on a plan yet the fitting has not been correctly implemented and the Furniture company is, despite our urgent requests, not addressing the matter
The kitchen and bedroom has so far cost us over £65,000 - we are both in our
seventies and the strain to get this finished is causing us enormous stress.
Is there anything we can do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Have they said why they are unwilling to help?
Customer: replied 1 year ago.
Very often they do not answer at all, they claim to be too busy to sit down and write emails.
In this particular instance they have said they want to install the granite surface (which has not yet been ordered or cut although the templates have been made) at the same time as coming to the property to make good their mistakesThey are aware the entry date for the prospective purchaser is 20th November, the hold up with the granite is not their fault but the new owner wants a different kind of granite to the type we have ordered. Should the sale go ahead obviously the granite will be installed after the new owners take possession.My problem is with this company making good what they have done wrong. We are 73 and 74 years old and I feel they are taking advantage of us
Customer: replied 1 year ago.
We have previously asked for everything to be written down - given our age I think that is not too big an ask
My husband is only working to pay off the interest only mortgage on the property we are hoping to sell. This is due for settlement at the end of November 2015. So we really are desperate
Expert:  Ben Jones replied 1 year ago.
When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);· Finished within a reasonable time (unless a specific time has been agreed); and· Provided at a reasonable price (unless a specific price has been agreed). In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved. If there are problems with the standard of work, or any of the above, you will have certain rights: 1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience. 2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work. 3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader. This is your basic legal position. I have more detailed advice for you, including a step-by-step guide of what your next steps should be, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your rating. In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:
1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).
2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).
3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.
4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.
5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.
If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk.
Hope this helps.
Customer: replied 1 year ago.
How long would it take if I were to get theOmbudsman involved ? I do not want to do it but by suggesting it it might make them take us a little more seriously
Expert:  Ben Jones replied 1 year ago.
You could use the Furniture Ombudsman but doing that will usually take months rather than weeks so it is not a quick fix. But of course you can threaten that as part of your negotiations anyway - I would however say a stronger threat is that of legal action
Customer: replied 1 year ago.
What is the legal position as far as the remedial work not being done at the entry date ie The contract with the furniture Company is with us. However after the 20th November (assuming the sale goes ahead) the property is no longer ours
Customer: replied 1 year ago.
Ben, I have 1 more question which you have not answeredWhat is the legal position as far as the remedial work not being completed by the entry date
ie The contract the kitchen company have is with us. However after the 20th November (assuming the sale goes ahead)
the property is no longer ours?
Expert:  Ben Jones replied 1 year ago.
Sorry I was offline when you replied. The property may no longer be yours but the contractual obligations are still towards you so you will have to work with the new owners to try and get the tradesmen to carry out the necessary works.
Expert:  Ben Jones replied 1 year ago.
By that I mean in terms of access