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Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1317
Experience:  8 years legal experience
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We have had a new driveway installed but the standard of

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We have had a new driveway installed but the standard of work is now showing to be rubbish we have complained about water running into the garage and they placed a "drain" six inches in front of the garage which obviously dose not stop the water from the side still entering the garage. There are now large gaps between the blocks and the situation is worsening by the day and the company is ignoring us
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have contacted the company many times by phone and letter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is there any court action vailable during the current time?

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions.

Hello, thanks for your message.

They are clearly in breach of contract here and have also been negligent for poor workmanship. So there is certainly a claim to be made here.

As they are ignoring the issue, what you would need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 30 days in which to receive payment.

If payment is not received within 30 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

Due to the value of the claim you do not need a solicitor and can do this yourself. Once you issue the claim, interest will be added onto the amount from the day you issue until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but you will recover this back.

It may very well be that the letter before action you send will make them pay promptly and you do not need to issue, but incase they don’t pay you, then the letter before action enables you to be able to start proceedings against them.

From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.

I would also suggest reporting them to Trading Standards.

I hope this helps.

UK Solicitor John and 3 other Law Specialists are ready to help you
Customer: replied 5 days ago.
what would be the likely cost of engaging yourself or another solicitor to pursue this in court ? the reason being a lack of time on my part

Hello, thanks for your message.

I'm afraid I do not take client retainers through this site. I would recommend you find one through the law society website if you wish to instruct one https://solicitors.lawsociety.org.uk/

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.