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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70802
Experience:  Qualified Solicitor
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I had some flooring fitted in july 2019, the job was never

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I had some flooring fitted in july 2019, the job was never conpletely finished by the supplier/fitter. The job also caused damages to my property and some of the csrpets are different shades and do not match. I rang him several times to ask when he was coming back, he said he was busy fitting and would ring me back each time i tried to call. I paid a 60% deposit however as he never returned and never contacted me in any way (despite him working on the same street several times since then. He claims to have being trying to ring my number for the past 15-16months with no answer. He jas also claimed that he has attempted to knock on my house and no one has been in each time. He says he pushed noted through each time too which he never has. He had permission to enter the house and to this day still has a front door key, he could have returned at ang point when nobody was home to complete the job.He yesterday pushed a note through my door to ask me to contact him in regards ***** ***** flooring and says it needs to be finished so that i can pay the rest of the bill. In the mean time inhave had to pay somebody else to complete the job, remedy the damages etc. As well as living with the unmatching carpets. He is claiming that by not allowing him to complete the jkb i an breaking the contract that we had and that i am liable to pay him what i owe either way. He was supposed to complete the floorong throughout before we moved into our brand new built house and didnt so my argument is that he breached the contract when he didnt deliver.Am i liable to pay him if he did not deliver the services and has not been in contact for 15 months+. I believe that i gave him resonable time to respond and had no other choicr but to progress with having everything completed by anothet company.Any help would be appreciated and thank you for your time.
JA: Where are you? It matters because laws vary by location.
Customer: Cheshire
JA: What steps have you taken so far?
Customer: I spoken to the supplier/fitter and told them i am seekkng advice because i am unsure exactly where i stabd however i do not belive i owe him any money now
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thats it thank you

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.

What do you specifically want to know about this please? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 3 days ago.
I just want to know whether or not if i refuse to pay him after he has not delivered the service and goods in a reasonable time frame he has any stance to take it further to claim the rest of the invoice from me? I have already paid 60% of the invoice prior to installation. Thank you. Dan

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:

- Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

- 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 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. That is something which should be negotiated between the two parties. However, 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 balance that is still owed to the original trader, or pursue them for any extra costs that have been incurred as a result.

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.

Therefore, if the above apply and you have incurred additional costs, such that you can cover the with any outstanding money still to be paid to the trader, you can withhold that as a result.

He may not be happy with it, as you can imagine, but the matter is now in his hands and he has to decide whether to take it further or not to challenge you.

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.

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thank you for your time, it is nice to clarify that our way of viewing the matter is correct and that we can be confident in our response to the tradesman.We appreciate your time and thank you.Dan

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best