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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73922
Experience:  Qualified Solicitor
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I got a kitchen installed late 2018 by DMI Kilmarnock which

Customer Question

I got a kitchen installed late 2018 by DMI Kilmarnock which now has a door hanging off 3 doors require to be tightened up 2 holes require finishing of with plaster above cupboards & radiators in kitchen & bathroom not heating properly after bleeding which was paid cash & they closed shop. A new shop has opened up with the director of DMI Tristan Cole Kitchens & Bathrooms who installed my Kitchen & 2 toilets after numerous vists to the shop to request these repairs be carried out I have heard nothing back although the assistant has informed myself that they would contact me to arrange a visit. Mywife had to go into hospital for major surgery so I contacted them to rearrange for another date no response from the company can you assist please
JA: Where are you? It matters because laws vary by location.
Customer: Kilmarnock Ayrshire Scotland
JA: What steps have you taken so far?
Customer: I have written a letter with the reapirs that reqire to be carried out & also visited there shop to request a time & date as to when they intend coming to get theserepairs carried out
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
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 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.

Expert:  Ben Jones replied 15 days ago.

What are you ideally hoping to achieve in the circumstances, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 15 days ago.
I am looking for the company to return & fix the repairs in my kitchen which I ;paid for in cash
Expert:  Ben Jones replied 15 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 rights will very much depend on whether the company from which you purchased the kitchen still exists and is operational. If they have closed down, then you will not have any party to pursue in the event the issue is resolved. That is even if the owners have started a new company in its place – after all your rights are solely against the original company and the tights and liabilities do not transfer to any new business ventures by their owners, they are all entirely separate legally.

So the key is to track the original company to see if they still legally exist and if they do not and have closed down, it may be the case that this issue will not be fixed by them. It is unfortunate but not uncommon when companies close down and they take down with them any rights of their customers.

If the company still exists and they are not wiling to fix the issues then that is when you can potentially consider taking it further for compensation, such as to cover the costs of fixing them.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before claim – if informal reminders have been sent but have been ignored, the other party should be sent a formal ‘letter before claim’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. If the letter before claim is also ignored, formal legal proceedings can be initiated.

For claims below £5,000 the Simple Procedure can be used. Please see here for further details:

https://www.scotcourts.gov.uk/taking-action/simple-procedure

For claims above £5,000, or more complex matters, the claim should be pursued through the Ordinary Cause. Please see here for further details:

https://www.scotcourts.gov.uk/taking-action/ordinary-cause

Once you hear back from the court, you will send the details of the claim to the debtor, who will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 15 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.