Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you provide me with the company name and or website?
OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. When the company was formed and the status of its accounts will not really have any impact on your rights here, which would be based on the contractual agreement you had with them and the works that are due to be carried out.
As far as your legal position is concerned, 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.
Whilst you cannot force the company to do the work in question, you can either pursue them for a refund of the amounts paid or for the costs you may have to incur to get someone else to complete the work.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should the company not complete the work and you need to pursue them for compensation, 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. 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.