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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45286
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a new garage from a local trader recently [July]

Resolved Question:

hi
I bought a new garage from a local trader recently [July] 2016 they came to see me on my request re size needed and any accessories, they measured up and said my new garage would be 2 inch shorter but would be the same internal width. I said ok paid 250 pounds deposit and was told it would be 8 to 10 weeks, time passed and the day arrived 14july 2016 ,I was at first delighted till I tried to put my car in the garage the entrance to the garage had been reduced by 3t04 inches causing my wheels to run over and damage the door catches this rendered the garage unsecure, I contacted the company they came and repaired the door ,but said it would be damaged again and tha I needed wider door they would send me a quote, what are my rights should they not put it right
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 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 4 months ago.

Did you get a written quotation / job specification?

Customer: replied 4 months ago.
Expert:  Ben Jones replied 4 months ago.

OK thank you. Please can you let me see a copy of this. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 4 months ago.
Sorry for the delay in getting this to you. I've been having a few issues with my scanner
Expert:  Ben Jones replied 4 months 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.

If there are problems with the standard of work, or any of the above, you will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.

3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to pursue this further if they fail to assist you or resolve this, 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: 45286
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 4 months ago.

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. 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 other side 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.

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