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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In September 2014 I contacted damp solutions limited to

Resolved Question:

In September 2014 I contacted damp solutions limited to rectify a problem in a ground floor bedroom. A surveyor came and did checks which he said would be put right by injecting something into the walls from outside at a cost of just under £1500. I accepted and the work was done and I received a guarantee certificate for 20 years. Since then there has been no improvement whatsoever and when I tried to contact them was told by a company with the name damp solutions preservation that the first company had stopped trading. I then found that one of the directors of the second company had signed my certificate which it appears to be worthless. A lady called Joann from the second company said she would phone me but never did. The director's name is*****
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Have you made any formal requests for your money back or for the work to be redone at all?

Customer: replied 9 months ago.
I would like advice on what I can do next
Expert:  Ben Jones replied 9 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you later today. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 9 months ago.
No because they (at damp solutions did not want to know)
Expert:  Ben Jones replied 9 months ago.

When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved.

If there are problems with the standard of work, or any of the above, you will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.

3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader.

The issue is if the company has stopped trading. Assuming this was a limited company, it will be its own legal entity and have legal responsibility itself. Its directors will not be personally liable. So you can only pursue the company.

This is your basic legal position. I have more detailed advice for you in terms of the options you have for taking this 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 is 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: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  chatham-chamber replied 9 months ago.

Hi,

I accepted your phone request but was unable to connect. You may reach me on XXXXXXXXXXX

Customer: replied 9 months ago.
Is there any chance of getting my money back or am I flogging a dead horse?
Expert:  chatham-chamber replied 9 months ago.

K8ndly give me a call on the number provided I'd you would like to discuss on the phone

Customer: replied 9 months ago.
Do you think there is any point in pursuing this firm being as it is no longer trading. Ido not want to throw good money after bad.
Customer: replied 9 months ago.
I cannot write a review or give a bonus as I have not got any where except to make contact.
Expert:  chatham-chamber replied 9 months ago.

Hi,

I am of the opinion that you would be throwing good money after bad pursuing the company if they are no longer trading.

Although it seems you have a good case, I do not think that you will get the result that you wish for and may end up spending a considerable amount on legal fees for very little in return.

I hope this answers your question. If so, kindly rate the answer and provide feedback

If you have any further questions, please do not hesitate to ask.

kind regards

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