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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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Our newly installed guttering and roof repair has been

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Hi - our newly installed guttering and roof repair has been proved to be done to a very low standard (both gutters and roof are leaking 6 months after the work), and while the installer promises to return to resolve, we are getting nowhere fast. I assume I will need to give him notice that I intend to make a claim through the courts, but if I do, do I claim for the full value of the work, or just the labor element if I know what that is?
JA: Where are you? It matters because laws vary by location.
Customer: Derbyshire, England.
JA: What steps have you taken so far?
Customer: Phone calls, texts, emails. On or around the 6 UGUST
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 - on our around the 6th August, I gave them 4 weeks before considering next steps, and they gave me a date, but I had to cancel due to my daughter being taken into hospital. I let them know when we were out, and they re-arranged, but failed to turn up nor let me know until I called them. They said they would re arrange and come back to me. That is now 2 weeks ago, and I’ve emailed and called since then with no response to email, and the MD telling me I’m on the board and he was supposed to get back to me yesterday.

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.

Can I just check when exactly the work was done?

Customer: replied 8 days ago.
The roof repair was around last August/September and the guttering was January.

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.

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.

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)

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. So it is not the full value of the works, but any remedial work that needs doing to fix these issues.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7 days is acceptable).

3. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County Court’s online portal at https://www.moneyclaim.gov.uk/web/mcol/welcome

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

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 8 days ago.
Thanks Ben - all clear and understood.

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

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