OK, thanks, ***** ***** person enters into a contract for services, the Consumer Rights Act 2015 says that the work must be:
· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)
In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.
If there are problems with any of the above, the customer will have certain rights:
In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. If the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.
So it really depends on what is possible and also what you want to achieve. If you have to consider asking for compensation, but they refuse to issue that, then you may have to take it further formally.
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?