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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47387
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After having a new kitchen installed, the composite

Resolved Question:

After having a new kitchen installed, the composite splashback bubbled after approximately 9 months and was duly replaced by the company that originally installed the kitchen.
The very same thing has now occurred again and the installing company are telling me they will only pay for the cost of the replacement splashback.
I believe they are responsible to cover the total cost of replacement?
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. When you say the total cot of replacement, do you mean the labour as well rather than just the materials?
Customer: replied 1 year ago.
That is correct
Expert:  Ben Jones replied 1 year ago.
You are correct that they need to cover the full cost of the replacement, not just the materials. Had it not been for the defective work/materials supplied by them you would not have had to incur the costs of the replacement work so they should cover that as you should not be placed in a worse off position you would have been had the issues not occurred. So you can raise this matter with them and try to resolve it directly with them. The issue is that you cannot force them to pay for this at this stage and if they refuse, you will have to pay for the labour yourself and then pursue them for the costs incurred. This is something which can eventually be taken to the small claims court for resolution. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you have to take this 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
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Customer: replied 1 year ago.
Actually Ben, I do have enough to go on for now.
Expert:  Ben Jones replied 1 year ago.
Hi there, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.