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vincent2013
vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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Hello.I would like to take legal actions

Resolved Question:

Hello. I would like to take legal actions against an Air conditioning installers for damaging my property and not completing the installation as agreed. Could you please advise me how can I proceed? Thank you. Regards, XXXXX XXXXX

Submitted: 3 years ago.
Category: Property Law
Expert:  vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

If the installers have breached express terms of your contract with them (this is regardless of whether the contract is written or verbal) and you suffer financial loss as a result (for instance what you receive is less valuable or you need to instruct another company to remedy poor work) you can bring a claim for breach of contract.

 

As for the damage to your property, in addition to any express terms, there are "implied" terms under contracts for the provision of services and these include the term under s.13 of the Supply of Goods and Services Act which require that the service provider exercises due care and skill in providing the service. If this is breached and you suffer loss, then you may have a claim for breach of this "implied" term which can be actionable to compensate your loss for remediating the damage.

 

If this is a relatively low value claim (under £10,000), a good course of action is to write a letter before claim, setting out the relevant provisions, the breaches thereof, your previous requests for the situation to be rectified and appending any relevant evidence relating to you possible claim (estimates, invoices, photographs, emails etc.). You can advise that if you do not receive a satisfactory outcome you will consider taking legal action for compensation.

 

If you do need to bring a claim (and the matter is relatively straightforward), you can use the online service at www.moneyclaim.gov.uk to bring a claim or instruct a solicitor to bring a claim on your behalf. If the claim is under £10,000 you cannot recover legals costs but (in the same manner) you are not exposed to such costs of the defendant.

 

Can I clarify anything?

Customer: replied 3 years ago.

Dear Vincent,

 

Thank you fort your reply. The contract total value is 13400.

I do have photos and the company has confirmed to me that it didn't provide best customer service hence still refuses to compensate the damages and rectify the problems. I have been also told to f**k off and that my complaint are childish in my own house.

I would like to know who can approach to have this matter handled on my behalf instantaneously. I have no time to deal with it.

Please advise.

 

Thank you.

 

 

Kind regards,

 

 

Alexey XXXXXXXX

Expert:  vincent2013 replied 3 years ago.

Understood.

 

In that case you will need a local solicitor to undertake the matter for you. The following link will take you to a search tool (provided by the Law Society) with which you can find a solicitor in your area that deals with commercial litigation.

http://www.lawsociety.org.uk/find-a-solicitor/

 

I should point out that the contract value may be £13,400 but the value of any claim will not necessarily be the same (i.e. the sum required to complete the installation and remedy the damage to your property may be more or less than this). Your solicitor will be able to advise you in detail regarding the amount of damages and should be able to draft an appropriate solicitor's letter before action that causes this company to take matters more seriously.

 

Vincent.

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