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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I asked the judgeafter his judgement if I could appeal to which

Customer Question

I asked the judgeafter his judgement if I could appeal to which he said I don't know if you are apart of the galleria to which you don't need to speak to me is this acceptable?
He dismissed the counterclaim failing to look at photographic evidence and failing to recognise bad workmanship and Health and safety, and basically went of contract law but din not fully as he didn't take into consideration that a customer is entitled to a refund when unhappy within 14 days?
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about what actually happened pleaseWhat was the nature of the case?
Customer: replied 8 months ago.
My mum had a bathroom fitted by a chap from B&Q who had fitted her kitchen she liked his work and asked him if he fitted bathrooms to which he replied yes and they agreed the bathroom would be fitted including a toilet, bath, shower, and extractor fan. She had been to B&Q to browse bathrooms and advised the chap she would like a modern white Bathroom like the ones in the store to which he agreed.
Customer: replied 8 months ago.
He was advised by my parents not to purchase the bathroom from Stay as my dad used to be in the building trade and he did not care much for this supplier.
Customer: replied 8 months ago.
He had the goods ordered which remained boxed in our Livingroom so my parents didn't get chance to view the fittings and fixtures
Customer: replied 8 months ago.
On day one he fitted the toilet which was very basic and not modern what's so ever but usable, daytime fitted the Bath and the sink which were also very low standard to what had been asked my father then took a trip to stax and had noticed this chap had picked the most basic standard bathroom suite to make a quick buck. Day 3 he fitted the shower my mum was really unhappy with the bathroom and was a little frightened to speak up at first as she didn't want the confrontation. When ny mum came home day 3 the chap was quick to leave and ask for more money
Customer: replied 8 months ago.
To which my mum verbally agreed the sum of 2140 I think on completion he was given a depositor 1100 before work started then a further £300 then my mum contacted him to say she was unhappy and asked him to come and talk to her and she didn't feel he deserved the full payment as she was devastated
Expert:  Clare replied 8 months ago.
then what happened?
Customer: replied 8 months ago.
My mum then decided he could not finished work as he could not communicate and the trust wasn't longer there. She then had a professional firm come who did a fantastic job and wrote a report on their find
Customer: replied 8 months ago.
Findings which was in the counterclaim and pictures which I myself took of how poorly the bathroom was fitted causing potential health and safety issues to our family eg plastic bag put into the water disposal pipe, a main Joyce removed from the floor where he placed the shower which could of lead to falling through the floor.
Customer: replied 8 months ago.
The most heart breaking thing for me is watching my mum super and having to pay a cowboy. Added stress my dad was rushed into hospital last week so couldn't be there today so I attended I have to support my mum now and pay more money to this cowboy I feel like I lost faith in the justice system today down to a judge that was trying to teach my mum a lesson for what.
Expert:  Clare replied 8 months ago.
So who issued the proceedings and what claim was actually made?
Customer: replied 8 months ago.
The chap first issued on my mum who then paid £195 and it got thrown out due to him not paying his fees then my mum put a counter claim in at Stockport which was disregarded and forgotten about until we called up which also out a further£300+
Customer: replied 8 months ago.
I think he used bully boy tactics by issuing the claim.
I just wanted to see if this was worth appealing or worth leaving it from a professional as it is costing us money we just don't have or work really hard for?
Customer: replied 8 months ago.
Please can I also ask I paid £38 for this service are there any extra costs?
Customer: replied 8 months ago.
He put a claim in for the additional payment which he felt was owed to him and his court fees say £1400 roughly.
Customer: replied 8 months ago.
My mums counter claim was for £4900 to repair her kitchen calling which was leaking which had just been plastered for her new kitchen, also costing of her bathroom to rectify his disaster of a bathroom.
Expert:  Clare replied 8 months ago.
OkBack to basics.Did this man give a quote?Did he abide by the quote?
Customer: replied 8 months ago.
It was a verbal quote so yes and no he didn't abide by this the judge said he was happy he had but did not recognise the job wasn't completed fully and was left in a dangerous state.
Expert:  Clare replied 8 months ago.
How much was the quote and what was it meant to cover?
Customer: replied 8 months ago.
It was for the £2140 and that was to supply and fit a full bathroom
Customer: replied 8 months ago.
I'm unsure if it is relevant but the chap also said advised my mum when she stated she was unhappy he was not a bathroom fitter which he failed to state at the beginning of the job,does he not need insurance for that? Or would that come under public liability as he was a subcontractor that fitted kittens for B&Q? Also I would be asking if it was me having a kitchen or bathroom is he a registered plummer and for his license number or what it is they need to qualify
Expert:  Clare replied 8 months ago.
OKHow much did your mother pay in total?
Customer: replied 8 months ago.
She paid £1100 + an additional £300
Expert:  Clare replied 8 months ago.
OkWhat problems did the builders identify?
Customer: replied 8 months ago.
That in one of the pipes he had put a plastic bag inside which was I think the sewage or water disposal pipe and if it would of been left could of caused stagnant water, he had cut through pipe work and added adaptors were new pipes should of been fitted, his used a plaster board which was not sufficient to get wet,this being used at the side of the shower wall, he had removed a main Joyce under the shower fitting which would of collapsed should any of used used this, there was no extractor fitted, no radiator fitted which was an additional cost but never fitted thank God :)
Customer: replied 8 months ago.
The bathroom was in a bad way I witnessed this myself to which I thought was a joke.
Customer: replied 8 months ago.
I spoke to a solicitor friend who said this was a solid wall case and could not upstand the outcome but he is unfortunately undergoing cancer treatment and couldn't be there today, sorry know it all sounds depressing I can assure you I'm a positive soul usually just trying to understand this.
Expert:  Clare replied 8 months ago.
Right.For clarity he issued, your mother defended and counterclaimed.His claim was struck out so he counterclaimed on the counter claim is that correct?What was the basis of your mother's defence?
Customer: replied 8 months ago.
He first issued to which my mum counterclaimed
Customer: replied 8 months ago.
His got thrown out at Wigan due to him not paying his fees
Customer: replied 8 months ago.
My mum then put in I'm not sure if it was counterclaim at Stockport as it still had him as the claimant when my mum paid the court costs at Stockport to be reissued?
Customer: replied 8 months ago.
I can find out fully if needed?
Expert:  Clare replied 8 months ago.
I am trying to work out how your mother was ordered to pay £1400 if the claim had been dismissed
Customer: replied 8 months ago.
I think this is because the chap put a claim in for the extra costs he didn't get paid this is why I think there was confusion today and the judge did not get the full picture and I'll have to check but when my mum issued the counter claim it was as if he had issued the counterclaim?
Customer: replied 8 months ago.
Thank you for looking into this matter and trying to assist with the findings
Expert:  Clare replied 8 months ago.
Do you actually have all the paperwork in front o fyou?
Customer: replied 8 months ago.
Not right now it's at my mums
Customer: replied 8 months ago.
I can text my sister
Customer: replied 8 months ago.
The counterclaim was dismissed but yet he stated the chaps had been then I think my mum said his was reinstated after receiving my mums counterclaim I'd have to look at the paperwork
Expert:  Clare replied 8 months ago.
Okwhen you have the paperwork we can resume this and se eif anything can be salvaged!
Customer: replied 8 months ago.
My sister advised me his initial claim was that my mumhas not paid him and has not paid him and not followed through contractual obligations.
However effectively he did not follow through completion of the job so isn't owed any money
Customer: replied 8 months ago.
On the counterclaim he's the claimant mums still the defendant.
Customer: replied 8 months ago.
Apparently the chap then reinstated his claim dec15
Expert:  Clare replied 8 months ago.
That explains itDid your mother file a defence as well as a counterclaim?What was the breakdown of the counterclaim?
Customer: replied 8 months ago.
I think so I'll have to check today regarding the breakdown.
Expert:  Clare replied 8 months ago.
ok

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