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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45343
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have just recieved a legal letter and need advice Here is

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We have just recieved a legal letter and need advice Here is an outline of our side which will hopefully give you enough information to be able to tell us what the options /costs are from here pleaseMark was contact by Mr turner through a Rated people which is a company mark belongs to which provides tradesman's details to people who need work doing, Mark has been working through them for a number of years and is one of their highest rated tradesman within a 20 mile radius.Mark went to look at the work required by Mr Turner which was originally work required to a garage roof at this point there had already been 2/3 other roofing companies who had done this work which Mr Turner was not happy with. Mark explained to mr Tuner the work that need doing which included the replacement of the box gutter but Mr Turner did not want this level of work doing due to cost, so Mark said he could try and fix work previously done which he went ahead and did. He was paid for the work and that was that. (Mr Tuners neighbour spoke to Mark when he was there and said MR turner has had numerous issue's with tradesmen in the past which has led to them walking off site.)Mark was then contacted again about a month later by Mr Turner for some other work that was required to the main roof of the house again a quote was given and the work was carried out.Since then Mr Turner has contacted Mark on a number of occasions re the work carried out and said he still has leaks etc, which Mark then explained was to do with the work not being done correctly initially and reiterating to Mr Turner that it is the box gutter which is the most like cause of the problems.Mark has been in contact with MR Turner on a number of occasions mostly on the phone, Mr Tuner is very hard to get hold of as he is away a lot, Mark then went back to the property twice to try and sort out the issue's and met with MR tuners wife but without replacement of the gutter which he has told them on many occasions this was not likely.We have now received this letter asking for us to pay Mr turner for work he has now had done by another roofing company which is totally different from the work carried out by Mark as you can see from the quote Mark originally supplied, and in fact is the work Mark originally told him would need doing to the box gutter.It would be much appreciated if you could give us you recommendations as to how best to proceed and what the costs are likely to be please, Mr turners neighbour did also say to Mark he would be a witness if ever needed as apparently this is common practice for Mr Turner.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 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 6 months ago.

Did Mark provide a written quotation regarding the source of the issue; the box gutter?

Customer: replied 6 months ago.
Hi Ben he did verbally when he went to see the job he explained that the whole box gutter needed to come out as the previous roofers had not done it very well but the client said he could not afford that and he just wanted Mark to try and repair it whihch is what Mark quoted to do, Mark also reiterated this in a text message to him later on one the client realised the work that had been done had not sorted the problem
Customer: replied 6 months ago.
with the leagal letter we were sent was a number of other documnets which included three quotes to get the work done that he said Mark did not do which all include taking out and repacing the box gutter/valley, which Mark never put in his original quote to the client, I can send you all of the documentation if it helps would need your email address
Expert:  Ben Jones replied 6 months ago.

Hi there. Thank you for your response; please leave 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 6 months ago.

Many thanks for your patience. First of all when someone has 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.

In the circumstances the specific issue which needed fixing was identified but the customer declined this particular work due to costs and instead asked that attempts to repair the issues via other means be made. As long as reasonable attempts were made to do this, it is unlikely the builder would have acted incorrectly. Their work would be compared to what a reasonable builder would have done in the circumstances and if it fell below the reasonable standard expected of a competent builder in their position. If no competent builder could have really done much better without actually fixing the specific issue (the box gutter) then this work would have unlikely fell below the reasonable standard expected and been negligent. As such it is unlikely that any liability could be attributed to them.

As far as the current positions stands, the customer has requested that you pay for the repairs carried out afterwards by new builders. However, you cannot be forced to do so and whilst he can make as many requests as he wants and make whatever threats we wants to, only a court can force you to pay anything. This means that the customer would have to make a court claim first before they can get any sort of legal power to force you to pay. Not only do they have to make the claim but they also have to convince the court they are in the right and that the work in dispute was negligent and win their case. It is for them to prove all of this and it will be quite difficult in the circumstances, based on the above assumptions.

So there is nothing for you to do at this stage – you can deny any liability and explain why. The ball is fully in the customer’s court and they will have to decide whether to take this further down the formal legal route.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they make a claim, 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: 45343
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
thanks I will leave you feedbak now, Sorry I thought I explained at the beginning the lcient has already instructed a solicitor and has said we have 28 days to reply and we need to seek legal representation! I have attached a copy of what they have sent us, do we need to respond to this letter? or just wait for the court letter? you will see from the quote Mark originally sent him there was no mention of the box gutter at all because the client said he would not pay to have it done but the other roofers have all quoted to do the box gutter! please advise as to what we should do, do we need to see a solitictor at this point?
Expert:  Ben Jones replied 6 months ago.

Thank you. This is a letter before action, which basically says it is your last chance to resolve this before formal proceedings are issued. You do not have to reply to the letter but failure to do so just means they can then proceed with issuing proceedings. It is up to you whether you try and resolve this matter by satisfying either of the solutions proposed or try to negotiate further with them. You do not need a solicitor at this point unless you want to take formal legal advice as to your position but usually a solicitor may only be involved if a claim is issued. Even then it is not mandatory - this will go to the small claims court which is a specific venue for smaller disputes like this one where the parties are unlikely to be legally represented

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