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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73841
Experience:  Qualified Solicitor
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We have a contractor who we own money to be he has not done

Customer Question

we have a contractor who we own money to be he has not done work the level needed in the Consumer Righs Act of 2015 - reasonable care and skill must be used while working. In our opinion, you did not use reasonable care and skill when you carried out these works and you have broken your contract with us.
JA: Where are you? It matters because laws vary by location.
Customer: london or kent
JA: What steps have you taken so far?
Customer: set a final repeat performance period where work was still not done to standard agreed and have issued a registered letter asking for a price reduction
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: he has issued threats to me about coming to my house and ruining things
Submitted: 12 days ago.
Category: Law
Expert:  Ben Jones replied 12 days ago.

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.

Customer: replied 12 days ago.
absolutely
Customer: replied 12 days ago.
File attached (2VGL66V)
Expert:  Ben Jones replied 12 days ago.

Please explain your situation in some more detail. What was the issue with the work? and have you had an independent tradesmen assess the quality of the work at all? Also, I do not seem to have received any attachments so please upload it again on this thread.

Customer: replied 12 days ago.
File attached (P34ZQ2S)
Expert:  Ben Jones replied 12 days ago.

Thank you. So have you had an independent tradesmen assess the quality of the work at all?

Customer: replied 12 days ago.
we had been meant to finish all the works before xmas but it is only finished now (still components not done)
we have told them repeatedly about things that were not done with quality and gave them a final repeat performance period that we had to extend
Expert:  Ben Jones replied 12 days ago.

I understand. Please could you provide a response to my additional query

Customer: replied 12 days ago.
i just want to make sure that he has nothing he can come back on us to compel us to pay. He has just issued a final account to which we have responded what we feel would be fair to pay given the standard of the work (ex - charging us 4k for premium paint but using expired generic paint)
Customer: replied 12 days ago.
we have had 4 independent trades people review work and quote
Customer: replied 12 days ago.
the issues with the work are the quality is not there and it has taken 6 months rather than 6 weeks
Customer: replied 12 days ago.
the letter we wrote was based on the advise and template from the trading standard
Expert:  Ben Jones replied 12 days ago.

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.

Expert:  Ben Jones replied 12 days ago.

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.

Your understanding of your consumer rights is correct. Just to recap, 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)

- Provided at a reasonable cost (unless a specific price 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.

When it comes to the threats of the builder, he can of course make them and even make a claim in court if he chooses to. That does not mean he will get anywhere though and the courts will look at the above principles when establishing whether you have any further liability, if any at all. In the circumstances you should maintain your position and not be intimidated by his threats, which often can be empty anyway – just a way tot ry and scare you into complying with his demands.

Expert:  Ben Jones replied 12 days ago.

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.

Customer: replied 12 days ago.
thank you for this - so just to confirm, by withholding the money am I in breach of contract? They have not invoiced us but just issued a document with the itemised list of all they have completed and what they believe the remaining balance it. That is what we are contesting as we do not feel the work has been completed to an agreed standard
Customer: replied 12 days ago.
the threats were to come to our property and to try and obstruct the sale of our house (although we are only trying to rent it I worry that he will come and bother tenants)I have made the Kent police aware of this
Expert:  Ben Jones replied 12 days ago.

You are inly in breach of contract if they have completed the work to a reasonable standard and you are then unreasonably refusing to pay them. Based on what you have said that looks unlikely

Customer: replied 6 days ago.
we have had a response to our letter and I wanted to share it with you for review and advice on how to proceed.
Customer: replied 6 days ago.
here is the response we had back from the contractor denying everything (it was sent by email so have attached as word document for you)
Customer: replied 6 days ago.
is this something you would be able to advise on?
Customer: replied 6 days ago.
sorry I just wanted to see if you have capacity to look at this
Customer: replied 6 days ago.
if not, I can use the open forum thank you
Expert:  Ben Jones replied 6 days ago.

Hi I replied on the new query you opened about this, thanks