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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a new kitchen which was started to be fitted 15

Customer Question

I purchased a new kitchen which was started to be fitted 15 months ago in February 2016. It is still unfinished and the company wants to pull off, leaving me with an unfulfilled contract and bare plaster walls.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

What reason have they provided for the delay and for now wanting to pull out of the job?

Customer: replied 7 months ago.
A product called TEKWALL was sold to me to cover the wall surfaces. It matches the worktop colour exactly that we selected. The company is called Wren Kitchens. They have tried on four previous occasions to fit their product, but they now say that it is not fit for purpose, yet it was fitted in a display kitchen in their show room and sold as a viable product. the product continually warps and bows, leaving joints open etc. They are now offering a product refund, but not promise to finish the job. the walls are bare plaster which are damaged from the various attempts at fitting the product.
Customer: replied 7 months ago.
The website is showing my number as an in USA. my home phone number is *****
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response David. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond 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 7 months ago.

Many thanks for your patience. When a person enters 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 frame has been agreed)

· Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights. In the event of delays, if the work has substantially gone over the agreed schedule or not been performed within a reasonable time, you can also ask for a price reduction to cover any financial losses or inconvenience caused as a result. If the work is incomplete and they refuse to work to the agreed schedules it is possible to get someone else to finish it off and charge the original trader for these additional costs.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).

3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve the complaint.

4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs.

5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is a last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to take this further for a compensation claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 7 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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks