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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to make a claim against a kitchen company. Should it

Resolved Question:

I want to make a claim against a kitchen company. Should it be addressed to the company only, or to a director? Also, when you send the application form to Salford, should you enclose all documents relating to the case or save those until later?I look forward to your reply.
Submitted: 1 month ago.
Category: Law
Expert:  Joshua replied 1 month ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask the basis of the claim (very briefly) and when the work was paid for?
  2. Which application form do you refer to - is this the court claim form?
  3. Is the kitchen company a limited company which you paid?
  4. Finally have you contacted the kitchen company so far and warned them you are considering a county court claim if they do not pay you what you are claiming is due?
Customer: replied 1 month ago.
Kitchen installed and electrics tripped constantly. Company initially sent electrician foc and eventually insisted was not because of kitchen and fault was elsewhere in house and said I should employ my own electricians to find it. I did that and fault was in ring circuit cable in ceiling with connections into kitchen. Rather than dig into ceiling or remove new tiles, my electricians bypassed fault. Their report says kitchen company my did not do proper survey of electrics before work started as kitchen was not on complete ring circuit, but had a branch from it to bedroom and this should have Ben ratified before work started. I paid for the work in Feb and March 2017. I was unhappy that kitchen company left me in limbo to find my own electrician when I don't think I should have had to resort to that. I am claiming for their charges plus an amount for stress. Electrics problem was not resolved until July.Yes, Court Claim Form N1 CPR Part 7.Yes it is a Limited company.Have contacted kitchen company many times. Invited them to reconsider and find the fault the fault themselves, saying that if fault was eventually found in kitchen, I would expect reimbursement if I used another electrician. They replied insisting their tests showed there was no fault in their 'end to end tests' in kitchen. I have not found out what that means. Since then, I have sent them my electricians report and again replied not their responsibility. My last letter stated that it was now beyond asking for an apology and I expected reimbursement of my electricians bills, plus a further amount for ongoing stress over a long period and giving them a time limit for response, after which I Would take legal action. Again their reply was along the lines of 'sincerely ***** ***** what you are currently experiencing, however we are unable to help any further with this matter.' I had asked for a response from the MAnaging Director, since all correspondence has been with Customer Service Manager, but I was advised previous letter had been discussed with him and he agreed and advised for last letter to be sent, therefore he is no longer required to be involved in this matter.
Expert:  Joshua replied 1 month ago.

Thank you for the above concise information. Based upon what you say you will have a claim available against the kitchen company for breach of contract specifically for a breach under inter alia (among others) s49 Consumer Rights Act 2015 which requires that they provide their service with reasonable skill and care. You have clear evidence from what you say in your electrical report that they failed to do so.

If they failed to to do so you have to allow them the opportunity to repeat performance - the opportunity to fix it. If they refuse or dont carry out the work within a reasonable time, which again appears to be the case from what you say you are entitled to a price reduction under s56 CRA. The price reduction shall be an appropriate amount to either reflect the diminution of value of their service or such amount that it costs you to put the defective workmanship right. In this case it is likely to be the latter or a combination of the two.

Your claim will be against the limited company you paid so for example it would be XYZ Ltd (Co.No. 12345678) whose registered office is [Address]

You can either address the claim to their registered office or any place of business from which they operate. You should not make the claim against a director personally or it will fail.

I would suggest you consider issuing the claim online rather than using a paper form because it is both cheaper and easier to issue online because the courts offer a discount against the court fee payable to reflect their easier administration. You can use the courts online issuing service at its still an N1 form but you fill it in online and the court issues it for you:

http://moneyclaim.gov.uk/

All you need give on the claim form is a short succinct outline of the facts and legal basis of your claim. You do not have much space so you have to keep it to the bare essential facts such as you entered into a contrat on [date] and on [date] you discovered that the workmanship was faulty. You therefore claim breach of contract under CRA 2015 and claim damages in the sum of [£?] together with interest at 8% under s69 County Courts Act.

You can in practice flesh it out a bit more than that but not by much. If they defend the claim it will be transferred from the central online administering court which is Northampton to your local Court to schedule a hearing and your local aourt will issue directions giving you dates by which you need to supply statements and evidence.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 1 month ago.
Thank you for your helpful information, which has answers all my questions. I have not opted for online claim because I cannot print out documents they will send to me. There is a minor sidebar to this in that the electrician sent to investigate the fault by the kitchen company has his own company. When my electricians contacted him to obtain information, during conversation he made the comment that he 'thought I was losing it.' My electricians made a complaint to .customer .services about this. I never ranted and raved, cried nor showed any signs of dementia as far as I am aware, so I considered it a very cruel remark. I am 78, so perhaps I am being overly sensitive! Since I am also claiming for stress, should I mention this on the claim form or is it too petty as far as they are concerned and not relevant?
Expert:  Joshua replied 1 month ago.

Only the initial claim form is submitted online. Everything else is then done by post - including the court sending you a copy of the claim form. The courts are no where near being able to handle claims online so don't let the online claim option put you off. You will be dealing entirely by post after your claim just as you would with a paper claim. However if you have already completed a paper N1 form the saving in court fee is probably not sufficient to justify doing it again. But there is no need for a printer. I'm glad otherwise the above was helpful.

That is an improper remark but there are many improper people in this world. As I want to ensure you have a realistic expectation of what you can claim in court it would be wrong if I did not say that the court will not award damages for stress in and of itself. I would not mention it on the intial claim form as there is limited space and it is only of limited relevance as evidence as to conduct and as regards ***** ***** service generally which may incline a judge to make an award at the upper end of the scale he would otherwise consider. A claim for stress in itself is not a head of claim that a court can consider (some Ombudsman services can award compensation for stress but courts generally cannot). I would suggest the proper place for inclusion of that remark is in your later witness statement in which you will have much more space though even there it is worth keeping to the salient facts as judges have high workloads and will be reading quickly and you do not want the important points to be obscured by points which are of secondary importance.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Law Specialists are ready to help you
Customer: replied 1 month ago.
I have found your help invaluable and your responses so fast. Thank you very much. Money well spent!
Expert:  Joshua replied 1 month ago.

I'm glad that I was able to be of help. The EU has steadily been improving consumer legislation though various directives over the last few years (from which the Consumer Rights Act 2015 is based) to the extent that there is now a very strong body of consumer law which is strongly in the consumers favour and based on the above facts, providing you can produce a copy of your electricians report, you would appear to have a very good claim.