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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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On 25th April My house was treated by Professional

Resolved Question:

On 25th April My house was treated by Professional Protective Coatings and paint spilled and damaged my lawn. I wrote to Mr. Robert Dempsey on 3rd May with photos of the damage. His reply was to send two men with a power washer. This was unsuccessful. On 8th July I wrote again ,also with photos,and on the advice of the grass company I asked for a copy of his Public Liability insurance and proof that he had notified them of the accident.This was ignored until the 11th August when I received a phone call from Mr. Dempsey. He told me he had contacted the grass company and I would be hearing from them. I asked for this to be in writing and he said that was not necessary.Needless to say they had heard nothing from him!
On 14th August I wrote to him again asking for confirmation of the address/phone number he had used for the grass company. Still no reply.
Where do I go from here?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Thank you.
Expert:  Ben Jones replied 1 year ago.

How long after the spill did you actually notice it, or was this at the time your wrote to Mr Dempsey on 3rd May?

Customer: replied 1 year ago.
Immediately, I saw the men trying to clear it up.
Customer: replied 1 year ago.
Made a mistake with the number. I missed out the area code. 01223 512462
Customer: replied 1 year ago.
Where do we go from here?
Customer: replied 1 year ago.
Let's continue then.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so I am unable to talk at the moment but I will prepare my advice during the day and 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. Thank you.

Customer: replied 1 year ago.
Thank you. I'll wait for your reply
Expert:  Ben Jones replied 1 year ago.

No problem at all and many thanks

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Hi there, 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).

In addition there would be a common law duty, the breach of which can amount to negligence.

In this case it is relatively clear that they were negligent and did not undertake the work with reasonable care and skill so you are able to pursue them for compensation for any damage caused by them.

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.