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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70833
Experience:  Qualified Solicitor
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I placed an order with National Resin Drives in December

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I placed an order with National Resin Drives in December 2019, with work due to start in March. Due to Covid-19 the start was delayed until August 3rd. In the period 3rd-5th August a small amount of preparatory work was done, with a promise that the project would be completer on 10th August.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No - I have come to you first. I am a UK resident. I hadn't finished writing above and was going on to say that for the last 2 months we have received a imaginative list of excuses why work has not been done. The small amount of work done is worth about £500, but we have paid out over £3000. What course(s) of action are open to me?
JA: What steps have you taken so far?
Customer: None - we have been gullible enough to assume the company would eventually come good on their promises.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Monies paid so far have been via credit card. Does that provide any protection?

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.

Hi there. I am sorry to learn of the difficulty you are having with this. Do you know if they are still trading and please can you tell me what you are ideally hoping for given the delay and ongoing issue you are having with them?

Customer: replied 7 days ago.
They are still trading but I believe they are the successors of a failed company 'Angel Costings'. As explained, I have paid out £3125 for about £500 worth of work: that figure may be disputed but I am a retired civil engineer and therefore familiar with construction costs. I would like the bulk of what I have paid to be refunded and I would then make alternative arrangements to have the drive completed.

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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services must be:

- Finished within a reasonable time (unless a specific time frame has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

In the case of delays, for example if the work has substantially gone over the agreed schedule or not been performed within a reasonable time, the consumer can ask for a price reduction to cover any financial losses or inconvenience caused as a result. If the work is incomplete and the trader refuses to work to the agreed schedule, or complete it, it is possible to get someone else to finish the work and charge the original trader for these additional costs.

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 days is acceptable).

3. 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. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening 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.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County 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

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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