How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59763
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Riordan we had some work dune on our property 2012 November

This answer was rated:

Good afternoon my name is ***** ***** we had some work dune on our property 2012 November & is guaranteed for fifteen years have rang the contractor but he seems to be trying to avoid to come & have a look at what needs to be replaced can you advise plz
Assistant: Where are you? It matters because laws vary by location.
Customer: Kings copes Oxford Ox449bq
Assistant: What steps have you taken so far?
Customer: Just phone calls at the moment
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don’t think so

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

Can I just check, is he still trading under the same name?

Customer: 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.

Many thanks for your patience. if you had a guarantee then that would be a contractual promise for the builder to honour any issues with their work and their failure to do so could amount to a breach of contract. Whilst you cannot force them to come and resolve the issues, you can eventually get someone else to do this and hold the original builder responsible for these extra costs, allowing you to pursue them for potential compensation.

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?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
thanks it was very helpful

All the best