Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Does the company that fitted the kitchen know that they fitted the wine fridge without the air vent?
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Many thanks for your patience. The issue here is that whilst the company would have been liable under the tort of negligence or under consumer legislation for the supply and sale of goods and services, you would be out of time to pursue it legally. That is because there is a 6 year time limit to pursue such claims and as the error was made more than 6 years ago, you would now be out of time to pursue them legally. It does mean that even if they would have originally been liable for this, if they now refuse to assist you, you cannot force them to resolve this. You may of course try to apply further pressure, such as by following the pre-claims procedure, and even go as far as issuing a claim in the hope that it prompts them to reconsider their approach, but it is likely that eventually the claim will be struck out for being out of time and you will have no other legal remedies to take it further.
This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to try and put more pressure on them, 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. 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. As mentioned you are legally out of time to make the claim but you can still do so to try and use this as a final option to make your intentions clear (they may not know that there is a legal time limit for you to claim so getting a claim against them could prompt them to reconsider their position). The claim can be commenced online by going to www.moneyclaim.gov.uk.