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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an SOW with a kitchen fitter, paid him a deposit,

Customer Question

Hi
I had an SOW with a kitchen fitter, paid him a deposit, had my sink and taps delivered to him to build around and he agreed to fit week of Aug 31st 2015. He also asked us to remove the old kitchen. I have seen NO work whatsoever to date so we finally cancelled the contract. We have not yet had our money or sink returned, but I also want to know if we can sue for breach of contract? It has been extremely inconvenient not having a kitchen (removed at his request!) and now not having the kitchen fitted at the same time all the other building work will be an extreme nuisance.
Thanks in advance, Helen McCarthy
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
Hi
I had an SOW with a kitchen fitter, paid him a deposit, had my sink and taps delivered to him to build around and he agreed to fit week of Aug 31st 2015. He also asked us to remove the old kitchen. I have seen NO work whatsoever to date so we finally cancelled the contract. We have not yet hadour money or sink returned, but I also want to know if we can sue for breach of contract? It has been extremely inconvenient not having a kitchen (removed at his request!) and now not having the kitchen fitted at the same time all the other building work will be an extreme nuisance.
Thanks in advance, Helen McCarthy
Customer: replied 1 year ago.
Not sure how this works....
Expert:  Ben Jones replied 1 year ago.
Have you made a formal request to have your money and goods back?
Customer: replied 1 year ago.
Not a formal request no, but several email/text requests.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You could certainly take the matter further to pursue the fitter for the items which are yours and which he is holding. You could basically consider suing him for the value if these items because it may be difficult to physically force him to return them to you, so the best option is to pursue him for the financial equivalent. In terms of a general breach of contract claim, that is also possible although you may only sue him for actual and reasonably foreseeable losses. So if you were just inconvenienced, that in itself is not sufficient – you must have suffered actual losses. So if you had to get someone in to fix issues he had created (assuming you would not have had to pay for these anyway, i.e. they must be additional costs incurred) then you could pursue him for compensation for this. However, overall that is all you can realistically go after him for. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow now to take the matter further, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Ben. Can you let me know what I need to do to get our goods and cash back please? I must confess that I'm slightly surprised at having no recourse for having been told to remove my kitchen 8 months ago and still not having seen an iota of effort to fulfil the contract which was for the work to commence on the week of 31st Aug 2015. Whilst obviously not a financial loss, I would have thought I would have had some ability to force him into some recompense for the
Customer: replied 1 year ago.
for not only the absolute pain in the backside this has been, but for stringing us along with a load of promises it appears he had absolutely no intention of ever fulfilling-for 8 months.Sorry, pressed send instead of return.ThanksHelen
Expert:  Ben Jones replied 1 year ago.
Hi Helen, did you see my last reply above with the relevant steps? As mentioned you cannot physically force him to return the goods f he does not want to, so in the circumstances you are going to have to seek financial compensation for their value instead
Customer: replied 1 year ago.
Sorry, no I don't seem to have those steps......
Expert:  Ben Jones replied 1 year ago.
Sorry, I will try again - 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: 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. 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. 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.

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