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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I asked for a company to visit and give me quote for vinyl

Customer Question

I asked for a company to visit and give me quote for vinyl flooring in the bathroom. The price on the sample was £18.99 per sq metre. I then received and estimate of £365.00 for vinyl and fitting. I agreed to have the floor fitted in good faith as local family company as I have no idea of square footage and paid £180.00 deposit. I have since had estimates from 2 other companies who agree that the payment for vinyl and fitting should have been around the £170-£200 mark. I am unwilling to pay the balance of £180.00. What are my rights and how do I resolve the problem?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year 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 1 year ago.

How long ago did you have the flooring fitted?

Customer: replied 1 year ago.
two days ago
Expert:  Ben Jones replied 1 year 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 1 year ago.

Many thanks for your patience. 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.

In your case you were issued with a specific price quote, which you accepted. Whether you could have got the same work cheaper elsewhere is somewhat irrelevant to be honest. You will always have companies which charge more than the average, and others who charge less. Obviously these ones were at the higher end of the scale. Before you accepted their price, you should have satisfied yourself that this was a reasonable price and if you had found cheaper alternatives then you would not have been bound to work with them. However, by accepting their quote, you had agreed to get the work done for the advertised price. Just because you found out later that it could have been done for cheaper does not mean you cannot pay them as you will be acting in breach of contract. So they do have the right to pursue you for the outstanding amount if necessary.

This is your basic legal position. I have more detailed advice for you in terms of the options you have if they decide to take this further, 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

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Expert:  Ben Jones replied 1 year ago.

Thank you. whilst they can make whatever threats they want, you will only have to worry if they go ahead and make a claim in court for the balance. If they do you will get formal notification from the court. As this is below £10k it will go to the small claims court so it is a relatively low risk procedure. It means that even if you were to lose, you do not have to pay for their legal fees if they incurred any but you may have to pay their court fees, which would be in the region of £60. So you could just see how far they take it as they may never actually consider going as far as making a claim, in which case you do not have to pay them.

Customer: replied 1 year ago.
Thanks for all your help.
Expert:  Ben Jones replied 1 year ago.

You are most welcome