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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45353
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We had plastering and painting done ,plastering was bad

Resolved Question:

we had plastering and painting done ,plastering was bad ,told them to correct this and was not happy with standard ,they left the job . we paid 2,000 pounds up front and full cost was 3,600 . extra agreement for 2 radiators and toilet repair that we would deal with separalty
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

How long ago was this? Please can you also tell me what the ideal outcome would be for you given the circumstances? Thank you

Customer: replied 4 months ago.
had plastering and painting done quote of 3,600 paid 2,000 up front , plastering was poor and asked to correct and painting poor asked to correct, then said did not quote for skirting and hall cupboard, i said he did and then he said he would do it. the plastering in the hall is substandard and i asked him to repair it .A bed room was also done with new floor poorly done and poorly plastered . He left the sight as he thought i insulted him . he want more money. we had someone in to review it and it will all have to be redone.
Expert:  Ben Jones replied 4 months ago.

What are you hoping to achieve please?

Customer: replied 4 months ago.
Do we need to pay anything, and can i do anything legally
Customer: replied 4 months ago.
Expert:  Ben Jones replied 4 months ago.

So you have already paid £2000?

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

ok leave it with me please I will reply later today with full response

Expert:  Ben Jones replied 4 months ago.

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.

I would presume that some of the work they had done has brought benefit to you, in a sense that you have had some work done which may be of a satisfactory standard so some money would be payable. However, you should be able to get some money back on the argument that you would have to pay someone else to remedy the issues.

This is your basic legal position. I have more detailed advice for you in terms of the ways you can 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

Expert:  Ben Jones replied 4 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45353
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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