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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24640
Experience:  Senior Partner at Berkson Wallace
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Kregzdaite and my spouse Mr Dainius Ziemelis .We need your

Customer Question

Hello .My name is***** and my spouse Mr Dainius Ziemelis .We need your help about our problem with the driveway /patio company .We hired “First Impressions Driveways (N.E.) Ltd." Mr Daniel Wickham to install resin bound .We agreed that they start work on 11 May 2021 and we pay £2410 on concrete complete , £2350 on resin complete so in total £4760 and we signed the contract.
They came exact day and stripped old driveway blocks and next day layed concrete base.We weren't happy with it because it didn't look levelled and had a concrete lump in front of side gates but they assured us that it will get levelled with resin. We had to wait for two weeks until concrete base got settled .The men came back on 29 of May 2021 and did the resin bound.We had been away that weekend so we told him that we will pay the rest of the money when we come back as well as check the completed job on Monday 31 of May 2021 .
Unfortunately for us we weren't happy with the final result, the resin looked uneven with cracks .On Monday (31/5/21) we got in touch with Mr D Wickham and told him that the work was done wrong and sent pictures that he could see the poor work. He texted us back and asked to pay £1350 for resin and rest £1000 then they fix it.
He promised to come on Friday 4 June 2021 because he was on the holiday at that moment.But we didn't hear anything back from him for the next two weeks so we texted him but got no reply. After few days we rang him and he apologiesed that he forgot about us.
So he came over on 14/06/2021 to look at it and we agreed that he was going to dig up central resin and put a new one and asked us to give him two weeks because he needed to arrange resin with supplier .We heard nothing from him after two weeks so we got in touch with him again and he told us that we are on the top of his list and he was going to fix it soon.
We been waiting for him to come back for two months but got no news from him .
On 13 of August 2021 we sent to him an email with complaint letter and asked to give a final fix day .
On Tuesday 17 /8/2021 he sent us a text saying that his men were on the way to dig central resin up. They dug up central resin but damaged all concrete base and a left mess. We didn't heard anything back from them the first week so we sent another emails 24/8/2021 asking to give us a date when he plans to finish resin installation but we got no reply.
31/8/2021 we sent him a text message asking to explain what the point was to dig up the resin if he doesn't plan to install the new one straight away and his excuse this time is that the biggest resin supplier has burnt down and he waiting for information and let us know as soon as possible.
Ever since we haven't heard anything back from him and we think that he was trying to fool us. He had all summer to fix it but he still keeps ignoring us. Our worry is that cold weather is coming and to install resin it needs to be dry and worm outside .We kept chasing him all that four months and we not going anywhere .We understand that he doesn't want to spend an extra money but they done a poor job .
It has given us a lot of discomfort and stress.
All that time my spouse Dainius has been getting in touch with Mr Daniel Wickham, we just paid money from my account.Thank you
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: We haven't talked to a lawyer.We live in uk
JA: What steps have you taken so far?
Customer: Sent to him a compaint letter asking for the final fix day
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sorry complaint letter
Submitted: 21 days ago.
Category: Law
Expert:  Stuart J replied 21 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

How did you choose him/his firm to do this work in first place?

did you research his work?

and he is a Ltd company - do you know his company address?

Customer: replied 21 days ago.
We found him on chekatrade his rating was 9.9
We read reviews and checked that company got an email ,adress .
Adress is 175-177 Snowdon Road,Middlesbrough TS2 1DB
Expert:  Stuart J replied 21 days ago.

If somebody does work for someone else, provides a service, or supplies goods, and does so as a business to a consumer, then under the Consumer Rights Act 2015 the:

Goods must be as described

Of satisfactory quality

And

Fit for purpose

And any service must be as described and carried out with reasonable care and skill.

If no price is specified then the price must be “reasonable” and if no timescale is specified the timescale must be “reasonable”

If on the other hand goods are being sold by a private individual to a private individual, they only have to be as described.

In the case of a vehicle it also must be roadworthy otherwise it’s a breach of section 75 of the Road Traffic act.

In your case, it is apparent that these guys have failed to carry out the job with reasonable care and skill or to do so within a reasonable period of time.

You now need to specify a timescale to get this sorted.  I wouldn’t worry about the resin factory burning down, he can get that somewhere else.

The first thing you need to do is get a quotation for putting everything right.

Armed with that you can tell him that unless this is all sorted complete, done, dusted and finished into a satisfactory standard, by the end of this month, you will issue Small Claims Court proceedings without further notice.

It needs to be in writing.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards