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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70214
Experience:  Qualified Solicitor
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Can I have a telephone call as opposed to an email,not very

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Hello Hello, my name is*****: Where are you? It matters because laws vary by location.
Customer: Can I have a telephone call as opposed to an email,not very quick on the keyboard.
JA: What steps have you taken so far?
Customer: Have a problem with a roofer who laid a new flat roof. It has leaked 4 times but still hasn’t sorted the problem.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The Roofer claims to be a specialist but doesn’t appear to be. He does come out when I report another leak but now blames the problem on my main roof, which is not leaking. The flat roof which was replaced was not leaking before it was replaced is now a night are as he cannot seem to be able to sort the problem. I want to put my house on the market but am unable to because of a roof threat constantly leaks and has left unsightly staining.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

I am sorry to hear of the difficulty you have been having with this. How long ago was the work done and what is your specific question in relation to this so that I can best advise?

Customer: replied 3 days ago.
Is there anything else I can do? He does come out to inspect the water damage but he takes his time. The flat roof was laid in October 2019 but I’ve had four water leaks so far and now he’s trying to fob me off saying it’s coming from the main roof, but that has already been tested and found to be sound. Any advice would be helpful!

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Ben Jones and 2 other Law Specialists are ready to help you

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. When a person enters into a contract for work and materials, where the main focus is labour and skill, 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.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7-14 days is common).

3. In the meantime, find out if the trader is a member of a trade association with a mediation service that can help resolve the complaint.

4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs.

5. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action. Remember that court is a last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

6. Finally, make sure that keep copies of all correspondence.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at https://www.gov.uk/make-money-claim.

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms