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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13595
Experience:  Senior Associate Solicitor
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I'm just looking for some advice, South Wales, UK, None, No

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Hi, I'm just looking for some advice
JA: Where are you? It matters because laws vary by location.
Customer: South Wales, UK
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 14 days ago.
It is regarding work carried out for a customer and issues that have arisen since completion.

Upon what?

Customer: replied 14 days ago.
We have installed resin flooring for a customer. Work was completed and paid in full. A friend helped us complete the job. In the meantime, it seems this friend has befriended our customer. Since completion, the customer has had other trades in to complete their renovation. Now that all other trades have completed, the customer has noticed some issues with their floor. The customer didn't contact us. The customer contacted our friend. He has since been to carry out work and both our friend and the customer have demanded free product (resin seal coat) or court proceedings will be commenced.We don't feel we are liable as a third party (our friend) has commenced work outside of our contract and not consulted. Nor has the customer consulted us. We just do not feel that we are liable for this.

Not my area then.

I will opt out for others.

Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

I agree with you - the concept of "privity of contract" applies in this situation. Your friend had no contract with the customer, you did. So you should have been consulted by the customer and as you point out, further work was carried out outside of the contract. I do not think you are liable for this - the consumer law is clear in that if the customer has issues with the quality of the work then the company which installed the flooring needs to be given an opportunity to carry out remedial works. There is no situation under the Consumer Rights Act 2015 where it would make you liable if your friend carried out work and so on. You should refuse any payment and defend a claim if one is made.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit (and it wouldn't in this case) then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

I can assist you going forwards if it gets to the point they issue a claim. If you need a law firm to assist you to defend the claim, here is an example for you and they offer a fixed fee : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 11 days ago.
Hi Jim,I really appreciate your informative response.Just to clarify, am I expected to respond to the customer at all. I feel that either way this goes, we will be expecting him to go to a solicitor. So are we better not saying anything until we hear from the customers solicitor?Then we can arrange a formal response that way?

Yes, you could simply wait, that's fine.

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13595
Experience: Senior Associate Solicitor
JimLawyer and 2 other Law Specialists are ready to help you