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Josh-2010
Josh-2010,
Category: Scots Law
Satisfied Customers: 25486
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I paid £2000 cash to get my driveway resurfaced (tarmac) by

Resolved Question:

I paid £2000 cash to get my driveway resurfaced (tarmac) by Country and Town Builders. The job is terrible and not up to basic standards. It was agreed they would return in November but did not do so and when I phoned Mr Michael Joyce was EXTREMELY rude to me. He refuses to speak at all about the job or to give me an official receipt for the £2000. His foreman signed an invoice that cash had been paid. The old tarmac as is showing through and weeds are coming up. I am an 82 year old pensioner and this was a lot of money spent to help me cut down effort on keeping the garden neat. I have phone numbers but no physical address in Dundee.What can I do?
Submitted: 3 years ago.
Category: Scots Law
Expert:  Josh-2010 replied 3 years ago.

Joshua :

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

Joshua :

From what you say am I correct that you retain a copy of the receipt signed by the foreman please?

Customer:

Yes I have this receipt. Also the printed flyer put through my door states" our work is guaranteed and we do not take payment until the project is completed to your total satisfaction". It also states all work guaranteed 7 years. I should have been more cautious when asked for £900 cash the day before they started. Apart from the drive which is now showing the old tar through they also built steps at front and back and a single line of bricks around the garden area. This was all agreed in the price of £2000

Joshua :

I am very sorry I have noted this relates to Scotland rather then England and Wales. With your permission may I transfer this to the Scottish law forum where one of my Scottish lawyer coleagues will assist you?

Customer:

This is alright. But put me right on one point. I have paid £33 but I do not intend this to be a monthly subscription. If I have signed up for £33 a month please casnce

Customer:

Sorry but something went wrong with the last bit of typing. I cannot continue right now as I have a sick husband. I do not intend paying £33 per month and if this is the case please cancel my payment and refund and close this case. Thanks. I should have waited until tomorrow when I had more time.

Joshua :

Customer services can assist with this. You will not pay any subscription you did not intend to. I do not want to refer this to customer services now as it will delay my colleague being able to assist you. Could you mention this again to my Scottish lawyer colleague when you are finished so he can refer to customer services to check you are not signed up to something you did not intend?

Customer:

Will he contact me by e mail and I can continue with him. This was a one off question as to my rights and not inten ded to carry on for months. Many thanks.

Customer:

Please confirm that I can leave the website for now and will be contacted one way or another by e mail. Either some detail of my rights and how to go about them or a refund of my £33.

Joshua :

Yes of course. You should receive an email when my colleague replies to you.

Customer:

Thanks and bye.

Josh-2010,
Category: Scots Law
Satisfied Customers: 25486
Experience: 
Josh-2010 and other Scots Law Specialists are ready to help you
Expert:  JGM replied 3 years ago.
Thank you for your question.

As regards XXXXX XXXXX I will inform customer services that you just want to deal with and pay for this question and not take out a subscription.

The answer to your question is that you should be suing the company for the cost of having the driveway done properly. You need to get another company to quote for that and that is the amount of the sum you should sue for in the local sheriff small claim court.

You can get the forms and full rules and guidance at www.scotcourts.gov.uk or you can instruct your solicitor to take action on your behalf.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Sorry I have taken so long to get back to you. My husband has dementia and parkinsons and takes up a lot of my time. Is it correct that there is no legal requirement for Mr Joyce to issue a receipt. Surely this is wrong from a tax point of view. I shall speak to my solicitor but I hesitate to spend a large sum and maybe get nothing back At the moment when I try the phone there is an answering service that says the phone is switched off please try later or send a text. I have an address from their flyer of a Head office in Romford RM6 4AH. Is there any way I can confirm the address is correct from the postal code? I wrote to them months ago but had no reply. I cannot see them listed when I googled Romford. There is a website but anyone can make one of those and there are no contactable phone numbers shown that I can see. it is www.countryandtownbuilders.com


Thanks


Pam Kidd

Expert:  JGM replied 3 years ago.
There is no requirement to issue a receipt. There is a requirement for the trader to keep a record of the transaction and to include it as income in the business accounts for the financial year.

The address at 1112A High Road, Chadwell Heath, Romford, Essex, RM6 4AH according to Royal Mail is that of CCT Business Services which is a managed accommodation and business services address for a number of small businesses that don't want to run an office of their own.

See www.romfordbizlink.com
Customer: replied 3 years ago.

Finally - how can I get a 7 year guarantee if no receipt is issued? Sadly I can see I am getting nowhere as this man is so hard to contact and you are just an advisory service and do not get involved. He answered the phone once and recognised my voice and refused to speak to me.


 

Expert:  JGM replied 3 years ago.
If he won't deal with you your only option is to see your solicitor, I'm afraid.
Customer: replied 3 years ago.

Re my question above - surely I must have an official receipt to claim a 7 year guarantee?

Expert:  JGM replied 3 years ago.
The guarantee is usually issued upon payment the receipt is irrelevant to the guarantee unless the receipt forms the guarantee document which is not usually the case with building installations.
Customer: replied 3 years ago.

I rated you again and was informed I would have to pay twice as I( had already rated you. Is this the case. Will it cost me another £33?

Expert:  JGM replied 3 years ago.
No it won't cost you twice. What happens is that JustAnswer transfer a portion of the funds you have already paid to credit me for your positive rating.

No rating has yet been made so you can do so now without worrying.
Customer: replied 3 years ago.

This is a crazy system. AS suggested I have just rated you and was advised that I would have to pay a further £33 as I had already rated you, so, sorry but there is no way I am going to pay another £33. Your system says I have rated you. I can't remember what I rated but this time it was good service if that helps

Expert:  JGM replied 3 years ago.
Don't worry I will get the administrator to sort it out.
Customer: replied 3 years ago.

You have a crazy system as it keeps asking me to rate after each question instead of only asking at the conclusion. Also I have been asked who I want to rate and referred back to this site but there is no place to really give the answers as requested. However I shall say let my rating refer to JGM as most answers came from him as Scots Law is involved. This was picked up but not immediately by the English lawyer (can't remember his initials) but he was going to be helpful I am sure. I am not rating again as I may be asked for another £33!. I guess I shall just have to let it drop as when I phone it says "please phone later or send a text". Unless you could try and contact him.


Cheers


Pamela Kidd

Expert:  JGM replied 3 years ago.
This has now been sorted. You can have the question closed.
Customer: replied 3 years ago.

Please close the question as you do not appear to be able to do anything to assist. I have done everything asked of me re rating etc.


Cheers


Pamela Kidd

Expert:  JGM replied 3 years ago.
Don't worry, it's been dealt with by the moderator.
Customer: replied 3 years ago.

How many more e mails will I get re this. Thanks and please close the sub ject. I( have rated you and don't dare do so again!!


Good night


Pamela Kidd

Expert:  JGM replied 3 years ago.
I will arrange for the question to be closed. Don't respond to this message otherwise the question will reopen.