Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. As far as you can see objectively, has any work been done, even if not to the agreed specifications?
So the invoice he has sent will cover some of this work as well?
Thank you. 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.
So if they have competed some f the works and been paid for it and are now asking for payment for work which has either not been done or done to an unreasonable standard, you can withhold the money until a resolution is reached.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wish to discuss the matter with him, 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
Thank you. In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:
1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).
2. Contact the trader and explain your problem. If you wish, ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).
3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.
4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.
5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.
If you simply refuse to pay the outstanding amount because of the quality of the work so far and the damage caused, then it would be for him to take this further if he believes he should be paid more. Whether he would go as far as taking legal action only time will tell but I would hope it does not come to that
Hi there, if you have already engaged a new plumber then that is fine, you now have to continue with him and see what the original one does. The ball is in his court really. This will not go further if he decides to make a claim against you for what he believes he is owed. However, if he does so then you will have grounds to defend this as mentioned earlier
well he may come and visit but at the same time you should not tolerate any abusive behaviour by him and make it clear that you will only deal with him if things are done amicable and in a civilised manner. He cannot enter your property without your consent and if you have told him not to come and he persists in doing so then it can amount to harassment