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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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During the installation of my double glazed windows, an

Customer Question

During the installation of my double glazed windows, an incident happened whilst the installers where using power tools.
This resulted with a loss of power to all downstairs sockets which in turn effected my intruder alarm.
I contacted a reputable intruder alarm company who stated that due to this loss, the control panel keypad had locked out and could not be repaired, therefore these parts need to be replace.
The total cost to me was £625.00.
I contacted the company double glazing company who informed me to send a copy of the invoice I had paid to their head office, which I did. On the 26th May 2016 I received a reply offering £250.00, being the full and final sum they were prepared to pay.
On the 28th May I replied accepting this offer.
Since this date, I have sent three letters requesting payment of their offer, one of which was recorded delivery, yet they fail to either reply to my letters, nor pay me.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

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

Customer: replied 10 months ago.
I would like to know if I am able to insist upon payment
Expert:  Ben Jones replied 10 months ago.

How long ago were the windows installed?

Expert:  Ben Jones replied 10 months ago.

Also, how long after the installation did you contact the company regarding the alarm?

Customer: replied 10 months ago.
Installed 9th May 2016, first letter sent 19th May 2016
Expert:  Ben Jones replied 10 months 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 10 months ago.

Many thanks for your patience. If a formal offer had been made to compensate you for the damage caused and you subsequently accepted it, a legally binding contract would have been formed. As this was an offer in full and final settlement, which was accepted, you would only be able to pursue them for that amount, rather than the full losses you had suffered.

So you are certainly still able to pursue them for the offer of £250 which they have failed to pay. You have already taken the initial steps one would be required to in order to take the matter further and in the circumstances I recommend that your next step is to consider issuing a formal claim or to issue a statutory demand.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow for each option, 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

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 10 months ago.
Hello Ben
First of all, I would like to thank you for your prompt answer to my questions.
There is one further issue which troubles me, should the Company still refuse to pay me following my letter to them out lining there obligation, how can I then proceed ?
I am 72 years old and would hate to drag this through the Courts which I assume would require the services of a Solicitor.
In your experience would, under the circumstances I have explained, and answers you have given, what are the chances of winning a court case and obtaining costs awarded against this Company?
Expert:  Ben Jones replied 10 months ago.

Hi there I can certainly discuss the further options you have and I can advise also that there is certainly no requirement for a solicitor to get involved. But anyway, please leave a rating for the advice and response s far and then I can continue assisting by answering your follow up queries. Many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you Ben.
I am so sorry for the delay in seeing your reply to my last question,I have been talking this over with my wife. You state that there are certain steps to follow when proceeding with my claim, could you please explain these.
Again:- Many thanks.
John
Expert:  Ben Jones replied 10 months ago.

Hello John, many thanks. I will explain the procedure you need to follow and understand you may have followed some of these steps already but it is best if I cover everything just so you know how you stand.

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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 debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, 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 recover the debt. 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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 debtor 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.

Customer: replied 10 months ago.
Hello again Ben
I have read your answer to my question and followed your instruction by printing off, and leaving a book mark on my computer
should I need to refresh.
I shall now write to the Company to try to get them to pay me what they offered, I doubt they, as before, reply to me.
I shall send the letter by recorded delivery, and like all the other letters, keep a copy.
I can only hope they pay me.
Many thanks again Ben
Kind regards.
John.
Expert:  Ben Jones replied 10 months ago.

I hope so too, if you need further help do not hesitate to contact me. All the best

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