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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience:  Over 5 years in practice
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We are a granite worktop supplier, and we have a customer who's

Resolved Question:

We are a granite worktop supplier, and we have a customer who's hob cut out was in the wrong place. We have offered a FOC replacement at the start of February. However he is still refusing us access to his home, for us to carried out the replacement. He has used excuses of he is on holiday,he is waiting for another trade to come back etc,etc. He won't pay his balance until the works are complete. So, my question what is the maximum amount of time, he is allowed not to let me on site, to fix the problem? or can I say, or can I imposs a time limit on him?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
How much does he owe?
Customer: replied 9 months ago.
£1300
Customer: replied 9 months ago.
Can you advise my next step
Expert:  Jo C. replied 9 months ago.
have you already made a product to his specification?
Customer: replied 9 months ago.
we have the material in stock, but haven't processed it, so No. We don't whether to write the debt off, and call it quits, but we don't want him claiming we refused to go back to put the work right. We want to draw a line under this, and move on swiftlyWe would like to use the material ear mark for his job on another customer, as we don't believe we will get paid even if the work is complete.
Customer: replied 9 months ago.
Can you help?
Expert:  Jo C. replied 9 months ago.
You have two options really.It depends what has been done already.You can't force him to complete with you. All you can do is sue for your loss which could include lost profits. If you had made the product to his specification then that would have included the total sum due under the contract but that didn't happen.
Expert:  Jo C. replied 9 months ago.
Ultimately, you either write this off and sue for your loss hitherto or you try to pursue this.If you want to write this off then you do need to give him warning. I would write to him offering him any date within a 28 day period and making clear that you will be forced to presume he does not want the work done and sue for your costs if there is no response.
Expert:  Jo C. replied 9 months ago.
If you don't want to write it off then you will need to be more cautious. You are still stuck in a position where you can't force him to allow access.
Expert:  Jo C. replied 9 months ago.
But you would be able to recover your losses. If you send out written correspondence by recorded delivery clearly making an offer then he won't get away with arguing it is your fault. He may try but it won't be accepted.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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