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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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I bought a new house on May 20, but there were some issues

Resolved Question:

I bought a new house on May 20, but there were some issues when I moved in. However, So far, some serious issues have not been resolved and the builder lied me and no any actions. Therefore, I am seeking the legal helps.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What is the nature of the issues, what has the builder done, if anything, to fix them and if the builder doesn’t fix them, how much are they going to cost to put right?

The detail would be helpful please. Thanks.

Customer: replied 1 year ago.
The colour of kitchen installed is not the same as shown that in the website (£2000.00), the main bath room basin cabinet is in plan, but was not installed (£1000.00) and the freezer is not closed properly (£500.00). I have spent too much time to contact with them and they lied to me, which has caused a lot of stress to me (£2000.00).
Please assess the issues and let me know if the compensations I asked for are reasonable and if you can help me to deal with those issues
Kind regards.
Expert:  F E Smith replied 1 year ago.

It seems, judging by the number of questions we get on the subject, that once someone moves into a house, builders never fix the defects or snags.

Whether you would be entitled to the cost of changing the kitchen doors would depend on the nature of the colour change. If it is slightly different, you would be entitled to a small amount of compensation, if it’s completely different, you would be entitled to the cost of new doors.

It depends why the freezer is not closing properly but I do have some experience of this, and if it is an integrated freezer, usually it’s down to bad installation. However if freezer is defective, you would be entitled to the cost of a new freezer.

Unfortunately, you would not get anything like £2000 in respect of the stress this has caused. The court would look upon it as be inconvenience rather than stress and you’re likely to get awarded between 10% and 20% of what you are asking for.

You need to write once more to the developer and tell him that unless he gets by a particular date, say, 14 days hence) then you will arrange to get the work done yourself and you will soon him in the Small Claims Court further cost of rectifying everything.

If the date deadline comes and goes, then get free quotations to have the work done, get it done, pay the bill, and then take him to the Small Claims Court if he will not pay it. You can easily if you Small Claims Court proceedings using this link.

www.moneyclaim.gov.uk

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
Thank you for you advise. In the list 'Basin Cabinet' was not installed, but it is in the plan. Should I also include its cost?
Expert:  F E Smith replied 1 year ago.

If you don’t include it you don’t get it so yes, I would include it.

Customer: replied 1 year ago.
If I go Moneyclaim, how much I need to pay, what evidences I need to provide and how they assess this case?
Expert:  F E Smith replied 1 year ago.

The amount of money that you pay in court fees depends on the amount you claim.

You would be claiming for whatever this costs you. Court fees are here

https://www.gov.uk/make-court-claim-for-money/court-fees

the evidence would be photographs, the original sales literature and the quotations for getting the work done and the invoices.

Customer: replied 1 year ago.
Regarding to the kitchen, I may not be able to find the right size from market to fit the design I have. In addition, I am just wondering if I need to get a assessment on the claims from the court, before I get the work done, because I don't have any ideas regarding this claims.
Expert:  F E Smith replied 1 year ago.

As far as I am aware from my past experience, donors have, for many years been a standard size and there are firms that specialise and do nothing but doors. There is a whole industry which has sprouted up around the supply of just doors.

It’s unlikely that even if the colour is wrong completely, you would get the total cost of a new kitchen.

The court will not get involved and tell you whether the claim is good bad or indifferent. That’s for you to decide and take the risk in court based upon the advice you’ve received.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The colour of installed one is absolutely different from what I ordered online. There customer care manager has accepted the colour is different, but the company rejected to do any thing. I will follow your advices to work on that.

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