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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Having agreed a minor change to my house guttering at circa

Resolved Question:

Having agreed a minor change to my house guttering at circa £1500 the work was carried out to my satisfaction.However the task was done in a way that avoided changing a structural component included in the price, which saved the installing company measurable work and cost . They dispute this. Although I have not not claimed any money it would be £250. Does the system allow consideration of the circumstances which I consider very much in my favour and how would I have to proceed in these circumstances? Thanks.
Derek Chapplow
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Hi there Derek. How long ago was the work carried out?

Customer: replied 10 months ago.
A month ago.
Expert:  Ben Jones replied 10 months ago.

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 question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Hi sorry I forgot to ask - have you suffered losses as a result, for example would you have to get this component replaced as a result? Were you quoted for work on the basis of them changing this component and was this detailed in the proposal for work?

Customer: replied 10 months ago.
An error - the work was done on 22nd June thiis year about which I have no complaint Initial order was 3rd May quoted £1509 by salesman who insisted that the existing supporting beam would have to be removed. Subsequent visit by technician 11th May suggested that the supporting beam which I had kept in good condition could possibly remain and plastic fascia could possibly be attached diret onto the existing beam. Decision left to the installer(a contractor) who opted for that course and he attached Everest fascia direct onto the beam so circumventing the substantial work that would have been involved had the beam, part of a structure above the ground floor window and over a garage portico and a return totalling 12700mm.=about £119 per metre!
I think I have been overcharged-not deliberately-but because subsequent decisions avoided considerable work. Although I hve not claimed any money I think about £500 pounds worth of work was avoided. Much correspondence exchanged culminating , inter alia, and I quote the Senior Installation Manager "I can confirm the installation has been fitted with what was agreed by our Sales Rep. and is detailed on our system,this was then confirmed by our Surveyor. Our Installation Managerhas already carried out a fullinspectionof the products you have had installedand we cannot find any fault with the installation."
Please note that I have not complained about the installation, the Visiting installation manager at no time made a physical examination of the work to see if the original beam was still in place. I think that quote among others represents a contrived lack of understanding a very simple situation. I intend to respond once more on these lines and specify an amount I think is reasonable but I need to know how I can bring more pressure to bear other than my own persuasion. I hope this helps. Please accept that I am not an habitual moaner. Regards. Derek Chapplow
Expert:  Ben Jones replied 10 months ago.

Thank you for getting back to me. 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.

So the key here is whether you were specifically told that this work will be included in the price, or whether you were simply told that the work will cost £X, regardless of what happened and leaving the decisions with them. If the latter applies, then it would be more difficult for you to argue that they have acted in breach of contract because no specific arrangement was made about the type of work. As a specific price was also agreed you cannot then say that it was not provided at a reasonable cost because you agreed a price in advance. So your best chance of challenging this would be if you can show that they had given you specific details of the work to be done and in the end they did not actually do as they had promised, charging you for work which they promised but did not undertake.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can take if you wish to take this further and apply more pressure for them to reconsider the charges, 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

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

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Expert:  Ben Jones replied 10 months ago.

Thank you. In the circumstances you would ultimately be seeking compensation for the part of the work that was not undertaken. 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.