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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
Has a representative from the company been to inspect the work again?
and did he agree that the work has not been rectified to a professional standard?
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. Under Section 55 of the Consumer Rights Act 2015 you have the right to expect ‘repeat performance’ of a service, specifically “The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.” Such repeat performance must be provided within a reasonable time and without significant inconvenience to the consumer.
Moving on to Section 56, if “the consumer has required repeat performance, but the trader is in breach of the requirement to do it within a reasonable time and without significant inconvenience to the consumer” you could ask for a price reduction, up to an including a full refund.
So your argument would be that you had given them the chance to rectify the issues, but due to this having been done in a way that has caused you significant inconvenience to you, you are now requiring a refund instead.
Does this answer your query?
All the best
Hi Lyn, who has rejected your claim - the Ombudsman or the retailer?
Thank you. The issue with advising you which way to go is that we are not really allowed to make such decisions for you and you need to do that based on what we tell you in terms of legal position and options. That is because it is impossible to predict the outcome of any legal action and therefore telling you to go one way may end up being the ‘wrong’ thing to do as you could end up in a worse position than what you are in now, or what you could have had if you accepted the current proposal. As such, my involvement would be limited to advising you of your options and rights, but without being able to tell you which way to go. I hope you understand.