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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45331
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, please advise when I can expect a reply to

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Ben, please advise when I can expect a reply to my follow up question regarding the sliding doors sent to you 23/11? Thanks, Brian
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello again, I have not seen any follow up question I'm afraid. Having checked your account you only have two open questions - the original one and this one, nothing since out initial discussion apart from this open query. Can you please post your queries again?
Customer: replied 1 year ago.
Ben, please find following the e-mail I sent to FinePoint Glass last week. It starts with an extract from their website and Arkay Windows website (their parent company): "FinePoint - Our three directors have vast experience in the glass processing, design, and aluminium fabrication fields. Together we are the only company to hold all of our design, manufacturing and installation teams within the M25. We have far more control over the whole manufacturing process, creating high quality end products in the shortest possible time.We specialises in slim line minimal glazing systems from sliding doors to casement windows. We also design and install bespoke elements such as sliding roof lights, walk on floors, and privacy glass to name but a few.All of our factories are run on three shifts ensuring a high level of productivity at all times of the day. We welcome you to visit any of our London factories to ensure that you have complete confidence when dealing with us.Arkay Windows is a specialist large-scale fabricator with over 30 years experience. Through growth built on putting our customers first, we have risen to supply some of the countries biggest retail companies, contractors and commercial installers.How does the above reconcile with the appalling service I have received, culminating in the completion of the job, for which you quoted would be 6 weeks installation and completion once the deposit was paid. It took 33 weeks and 5 days! In actual fact I am being generous when I say completion of the job when the locking components on the doors have still to be painting in the same colour of the doors and frame.In addition, with the exception of you chasing me for the balance; the vast majority of communications has been initiated by me with either you or your company continuously failing to respond.This has caused both my wife and I considerable stress, with the finishing of my lounge still outstanding after 8 months! My builder and electricians are struggling to fit me into their schedules to complete the job for Christmas.Furthermore, after you committed to me in June that the job would be completed before I went on holiday on 15th July. This followed your error in delivering the doors and frame in the wrong colour and then trying to rectify the error by using an on-site sprayer; which you agreed was an unacceptable finish. As a consequence of your failure to fulfil your promise, I have incurred the expense of using a house sitter for 3 weeks this summer when we went on holiday, due to the lack of security of my home which invalidated my home insurance. The cost of a house sitter was £36 per day plus an extra £10 for the bank holiday in August. This cost was £766.When you were in the USA on business/holiday in May/June, Dhruv told me following the spray job, that as a gesture of good will, due to your error, you instructed him to offer me a 10 year warranty for the paint job which was worth the equivalent of £1000. That was in June, 5 months ago.You also committed a breach of contract following your failure to complete the job, after I e-mailed twice dated 21st and 23rd October pointing this out, giving you a reasonable time scale of 7 days to acknowledge my e-mail and advise when the job would be completed. Which you did not do.Throughout the last 7+ months both you and your company have failed to conduct yourselves in a reasonable fashion, which has been tantamount to abusing me as a customer.In view of my experience in dealing with you to date, it does not surprise when you first make an offer in early September to give me a discount of £500 and the follow this up last week increasing the offer to £1000, stating the outstanding balance was £4500. The balance due on completion of the job due on 1st May 2015 was £4000!!!!!!In view of all of the above, you may wish to reconsider the amount of discount which is clearly due.Brian"
The only response I have received is a request to pay £3000 into their bank account and that they would issue the warranty for the respray job, which they valued at £1000. In view of the respray being unacceptable, it seems to issue a warranty for a failed job is a somewhat peculiar response. No reference has been made to my out of pocket expenses for a house sitter or for the extraordinary delay in completing the job; for which there is still some outstanding paintwork to be completed (as per my e-mail). Despite my e-mails dated the 21/10 and 23/10 advising them they were in breach of contract and giving them 7 days to respond, I received no response, albeit the job was almost completed on 3/11. Am I reasonable in requesting extra discount in respect of the house sitting costs and job taking 32 weeks rather than 6 weeks as quoted to complete? I look forward to your response.
Expert:  Ben Jones replied 1 year ago.
Hello Brian, you may indeed consider asking for a discount of the total cost to reflect the unreasonable delays which you have experienced. In addition to that you can only really claim for actual losses incurred in the process. In this case, assuming they have made the faults good, your losses appear to be limited to the house sitter. You will have to justify why one was needed though and that it was necessary in the circumstances. There is however nothing stopping you from asking the company to compensate you for that. Whether a court would also agree to award that as damages though is another question and something which no one can guarantee so it will be a risk if challenged but at this stage you have nothing to lose by asking.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45331
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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