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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59766
Experience:  Qualified Solicitor
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I want to take a kitchen company to court for the amount of

Customer Question

Hi I want to take a kitchen company to court for the amount of money that they chargedfor fitting due to sending a builder that had no qualifications to fo the work? How can we take them to court? Thanks
Assistant: Where are you? It matters because laws vary by location.
Customer: Croydon, Surrey
Assistant: What steps have you taken so far?
Customer: I had to use the ombudsman which made them repair the electricals and other issues that we faced, plus they took more than 1 year to repair this issues in various times and I had to open section 75 with barclays twice to make them finish as well plus I have prove that I had not sign the kitchen as completed but they sended some pictures to the bank and said that we were happy with the kitchen. So mu question is I had a friend that used the same company and got his own builders to do the job spent less money and have now a totally complete kitchen and is happy.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: us in the other hand still have to fix our wall because of the builders that they promised that were professional but we did not had any access to his work records and made this huge mess! Thanks
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

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

Expert:  Ben Jones replied 3 months ago.

When did you instruct them to do the job?

Customer: replied 3 months ago.
This was February last year
Expert:  Ben Jones replied 3 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 3 months ago.

Many thanks for your patience. in the circumstances you would be seeking compensation for any losses or costs incurred as a result of their actions.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 months ago.
I contacted the ombudsman yesterday to see if with him contacting them they would pay me for at least the time I had to take off during the issues we encounter with the kitchen which they replied.
Dear *****,I have been contacted by the Furniture Ombudsman as I understand you have now accepted the offer made of £650.00. This offer is made in full and final settlement of all claims in respect of your kitchen including any claim for costs, fees, expenses or interest and is made without prejudice.Please confirm that you accept this offer and I will raise this for you by cheque.Kind regards,
LouiseThey totally ignore anything else we say they just want me to say yes so then I can not do anything else so in this case do you advice me to send a letter to them before action right!
Thanks
Expert:  Ben Jones replied 3 months ago.

So just to be clear, you are not willing to accept this offer?

Customer: replied 3 months ago.
I think this offer is very unfair due to their lack pf customer care and the time they took to finish the issues and that I still have to fix my wall I think is very unfair.
So you know more about the law if we go to court to ask for the money for the installation do you think is worth it?
Thanks
Expert:  Ben Jones replied 3 months ago.

Well regardless of the aw (which is not that specific anyway), there will always be a risk with going to court as there is never a guarantee that you will win, or if you do – that you will get what you want. There are far too many variables to consider to be able to give you any sort of opinion on that. In the end you have to decide for yourself – you do have rights to take it further and to claim for more but there is never a guarantee you will get it, so you need to decide whether to take the risk and make the claim, or play it safe and get what you have been offered now

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 months ago.
As I have to speak with my partner that is why I take a bit long to answer.
I think my last question will be how much would be the court fees for this case?
And is that a law that protects the customers when you had kitchen fitter that they provided and when he done the extra works he left it a mess and just after he done the bad job he told us that he was not a plaster, painter or decorator? Thanks
Expert:  Ben Jones replied 3 months ago.

It depends on how much you would be claiming from them – do you have a figure in mind?

Expert:  Ben Jones replied 3 months ago.

Hello, I am not sure if you saw my query above - do you have a figure in mind?