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Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.
Don't pay him - your consumer rights have been infringed. Would you have to pay extra to get the bathroom finished and if so, do you have a figure yet?
OK, so it comes down to your statutory rights. Those are contained within the Consumer Rights Act 2015 - they state that the work carried out by the fitted "must be carried out with reasonable care and skill".
If not, you can demand your money back - the consumer law offers you a lot of protection for poor workmanship. It also comes down to whether you want to sue for the money you already paid them, or the cost of putting their poor work "right". You may need a quote from a reputable fitter to know exactly how much to pursue the former bathroom fitter for.
And once you have a figure, send a letter before action to the bathroom fitter (see attached as an example). Give them 30 days to pay, if they refuse or do not respond - start a claim at http://www.moneyclaim.gov.uk for your losses. It's very easy to do - no lawyer is required. The site is geared up for people without lawyers. You can also use this site for ongoing help if required. I note you have already notified Trading Standards which is good - hopefully the will prosecute the bathroom fitter. You should not enter into protracted correspondence with them and do not invite them back to your property either - they sound unsavoury to say the least...
I just saw the fact you paid by credit card - If you used a credit card then you can make a claim - you can contact the card provider and ask for a refund under S.75 of the Consumer Credit Act 1974 - as they are jointly liable if you do not get the service you paid for. You can claim a full refund even if you only paid for part of the cost with the credit card as long as £100 or more was spent.
There are no legal implications - the money is effectively insured. Yes, you can get another fitter to come and give you a quote. I would only do this if your credit card company cannot reimburse the full sum to you. I would prefer the credit card route than a letter before action and potential litigation. If you spoke to him and he didn't hear or take note then it's his problem - he is automatically at a disadvantage here as you are a consumer and the courts generally favour consumers versus traders (in my experience).
I would insist he does any more work - he sounds like he is incapable to doing a good job and I am sure there are many other traders who would love to help and do a decent job.
I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.
Yes, under the law as long as £100 was paid, the full sum is insured under the law. You need to contact your card company and ask them to reimburse you for this.
*it's one of the benefits of using a credit card
I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.
He has a right to sue if he feels he has a case - so you would need to defend the claim. The claim has no merit and is likely to be struck out in any event. You are within your rights to not pay it - why pay when he has done such a poor job previously. A small claim is easy to deal with - if he does go down that road then feel free to come back to this site for more help.
Is this OK?
Thanks, ***** ***** good evening