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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I am asking on behalf of my neice. She has paid a

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I am asking on behalf of my neice. She has paid a fencing/landscaper to complete work in her garden and transferred £1300 to his account. Work should have been completed by 19 August but was not ... The job is extremely poor and has not been completed. He also dumped all the rubbish from the site on her neighbours parking bay. She has been in contact with him to ask him to come back and complete it. He came to the house once and said he would go and get some more slates but never returned and has now blocked her from contacting him. It would seem, having looked into this persons advertising sites that she is not the only person who has been treated in this manner. What steps should she now take. Tried calling local citizens advice but too busy to answer. Hope you can help
Submitted: 6 months ago.
Category: Law
Expert:  Alex J. replied 6 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If she has his business address she can sue under the Supply of Goods and Services Act 1982 - s.13 - failure to comply with the implied term that the service be supplied with reasonable care and skill. You can start a money claim here:

https://www.moneyclaim.gov.uk/web/mcol/welcome

​I would write to him first and give him 7 days to attend the property, move the rubbish and fix the fencing. Say if he does not do that you reserve the right to sue him and engage another contractor to do the job on his behalf.

I would only say, that unless he has been paid to remove the rubbish, I would surprised if this was part of the service. Waste removal is a licensed undertaking and most builders do not have this license.

I look forward to hearing from you. Kind regards AJ

Customer: replied 6 months ago.
The only address is his home address, I assume he is self employed!!! My neice asked him if she should get a skip so he could put all the rubbish in it and he said no he would remove it all. She has asked him to return to fix the job and he did pop round then left to get more slate and blocked her. We have photos of everything but basically he was to erect a shed for tools. This has no base the door doesn't fit properly and has been made from fencing panels and the roof felt is all coming off. He was to lay 2 tonnes of slate. I doubt there is 1 tonne! He was to build 2 circular paved areas these have not been finished round the edges and a slab has broken as not laid properly. The whole thing looks awful to put it nicely. And to be honest after my neice rang him several times to try and get him to fix the problems he accused her of harassing him and blocked her so not sure she would want him to come back again.
Expert:  Alex J. replied 6 months ago.

Hi , Thank you. If he said he would remove it, then assume it forms part of the service. If you have his home address then this is where you need to contact - the prospect of suing someone for a service would not be deemed as harassment by the police. If he refuses to fix the issues or give you a refund then I would recommend suing him. This will put pressure on him to consider the seriousness of the situation and actually respond. Kind regards AJ

Customer: replied 6 months ago.
He advertises through yell,Thomson local, my builder and Facebook and there are many bad reviews of the same type. He uses several versions of his name and sometimes slightly different addresses but the mobile number is ***** and the positive reviews I think are written by him. Can I report him to trading standards or the above organisations? Obviously my main concern is helping my neice to get compensation but I don't like to think other people are being ripped off either
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. Yes you can report to all these organisations and trading standards without affecting your ability to sue him. I would be most grateful if you would take a moment to rate my answer. Kind regards AJ

Customer: replied 6 months ago.
AJ if you call me is the £44 on top of the£34 I have already agreed or instead of
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. I am afraid I am not currently able to accept calls, but I believe if you require a call from an expert this costs extra as a service. I am happy to continue discussing any follow up points on this thread until you are satisfied? Kind regards AJ

Customer: replied 6 months ago.
Ok I will carry on here. So send a letter to his home address but what if we don't want him to fix the problems but want a refund for part at least because he hasn't finished the job has not provided the amount of slate has not built a proper shed? What do we include? Do we need to give him a time frame in which to respond and then if he doesn't what forms do we complete to take things further?
Customer: replied 6 months ago.
Can I arty on asking questions after I have rated your answer?
Customer: replied 6 months ago.
Sorry carry on
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. You are entitled to ask for a refund, obviously less the cost of useful materials he has actually provided. In you letter of claim I would ask for the additional cost of engaging a new supplier, a refund in respect of his negligent work and a refund for materials he has not supplied. As a time frame I would allow him no longer than 7 days to respond.

Customer: replied 6 months ago.
Ok and what if we get no response or refund then what?
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. Then you should consider taking him to the small claims court in order to recover the money - use the online process described above.

Customer: replied 6 months ago.
The money claim? Is that correct?
How should I head the letter and what should be included any examples available
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. Yes use the money claim link. https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/step-one-write-a-letter-before-action/ - this is a good guide to writing a letter before action. Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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Customer: replied 6 months ago.
Ok thank you

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