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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75039
Experience:  Qualified Solicitor
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I have proof that a service that I paid for (cleaners) has

Customer Question

Hi, I have proof that a service that I paid for (cleaners) has not been carried out but I am being refused a refund, could you help?
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: UK
JA: What steps have you taken so far?
Customer: I've called the company and asked for a refund and sent them photos to show that the cleaning wasn't done ]
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, I was told that they could come back and reclean but I've already moved in
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.
HI Ben, nice to meet you, yes, please ask
Customer: replied 12 days ago.
no, I'm fine to type
Expert:  Ben Jones replied 12 days ago.

How long ago was this please? and what reason have they provided for not wanting to give you a refund?

Customer: replied 12 days ago.
The clean occured on Friday, I arrived at the house on Saturday evening, gave a written compplaint with pictures on Sunday. They say that they would need to schedule a reclean first, if I'm not happy with the rectifications, they will then proceed with a refund, however, the earliest available date give for a rectification/reclean was wednesday 8th Sept, I'm only available and home today and the 8th is too far down the line for rectifications.
Customer: replied 12 days ago.
This was classed an end of tenancy clean and tenancy has now begun.
Customer: replied 12 days ago.
Hi Ben, are you there?
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 12 days ago.
Ok, thank you, ***** ***** forward to your response.
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. Also, apologies for the delay in replying – the site has been down for most of today.

As an online chat service only, I can direct you to what your options are to challenge this further, although how you do that would be up to you.

If you have not received the service you paid for, then you can argue that this amounts to a breach of contract and that you are entitled to a refund, whether partial or in full.

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 action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ 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 compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they 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 other side 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.

Customer: replied 12 days ago.
Thnks for your reply, very helpful.
Expert:  Ben Jones replied 12 days ago.

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