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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I had some work done following a cold telephone call, by

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I had some work done following a cold telephone call, by company claiming to be allied to Anglian window co. A site visit by company surveyor, a haggle over price, from £4500 to £3k if I buy materials, which I did. Took £1000 by cheque, and a site visit by a surveyor to assess materials required ( who in fact carried out the work, assisted by another). Email to me for materials required, but incorrect and required emails to and fro before settled. £1000 paid prior to work commencing with contact Mr. Malcolm Vine. Work started May 16. New fence, fine. Patio area due to be relaid, but agreed on site that too difficult to do to restore, so many flagstones lifted and relaid. Seemed fine, with dry sand-cement mix brushed between slabs. Leave to soak up moisture to set concrete. Finally a drain test carried out as per contract, as not completed 8years ago with building works, for building regs. Request for final cheque £1000 given to surveyor/ foreman/ builder ( answers to all titles, but called Mark, and even gave me his phone number, as interested in buying my car, old Jag!) told to expect drain test report in +/- 10 days.
3weeks passed and no drain test certificate from company,so emailed, but Malcolm Vine whom I had dealt with, was on holiday and back in 4days. So I phoned in 4 days but was in meeting and will phone after, but he didn't. I phoned end of day, but he'd gone home for weekend.
Beginning to smell a rat. Further week passed. Email again. 2 phone calls to 'Mark' who is sure he prompted Vine for report. Finally spoke to Mark Friday 2July and will speak to Vine and call me on Tuesday, July 5. No contact. Now feel this company is using qualifying logos inaccurately, and my contract with them has not been fulfilled, though I played my part by getting all materials required, and paying by cheque when asked. Need to find out where I stand, and what if any thing I can do to 'punish' this company and prevent them from carrying out work not qualified to do, and others using them and probably losing more than I have, which is my main concern. ******** ************
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.

Expert:  Ben Jones replied 1 year ago.

How long ago did you have this done?

Customer: replied 1 year ago.
May 16 - May 23 2016, 6 weeks ago
Customer: replied 1 year ago.
Recently widowed and cannot afford to pay anything out of the ordinary. Planning to sell my home as soon as market settles following EU Referendum
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

First of all you have to consider if you are just trying to get back at them for what they did, without you actually wanting to pursue them for any money. You cannot financially penalise them if you have not suffered any losses yourself or had suffered a breach of contract by them. So penalising them would not involve any financial penalties from your side. You can however consider reporting them to organisations such as Trading Standards or Watchdog, which can deal with and expose rogue traders, if that is what these people are.

In terms of financial compensation for yourself, as mentioned this is only going to happen if you have suffered losses as a result of their actions or if they have not fulfilled their contractual obligations. So if you had to pay substantially more than what was quoted and they had not fulfilled their contractual obligations, it could allow you to take the natter further to seek compensation. It will not cost too much to do so – Several hundred pounds for the court fees and you do not actually need a solicitor so you are able to do this yourself and save a lot of money that way. The matter would be going to the small claims court anyway and this is a venue specifically aimed at individuals and small business who cannot afford a lawyer.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. On the assumption you wish to pursue them for compensation, 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.