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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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Would you be able to help, I have had windows fitted that

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Hi
JA: Hello. How can I help?
Customer: Would you be able to help, I have had windows fitted that are incorrect, the glazier has not come back and fitted correctly, after 6 months of dialogue via text message and now cannot get hold of him at all, I dont have an address for him only his bank details from when I transferred 2 payments, can I do anything not having his address I have his work address and company It was a private job that he did, not via his company am I able to issue papers to him at his current employment
JA: Where are you? It matters because laws vary by location.
Customer: I am in the UK
JA: What steps have you taken so far?
Customer: Left several voice mails, sent several texts and had no responses, he was recommended by his sister, she wont pass a forwarding address to me He has since changed his telephone number I understand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Um I have a dialogue of all text messages I have recorded on file

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.

What do you specifically want to know about this? 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 as soon as I can. Thanks

Customer: replied 7 days ago.
Hi Ben
Customer: replied 7 days ago.
I had some new glass I transferred the money and on completion of fitting it was identified the glass was incorrect and did not match the other
The glazier was to put it right, I have records of text messages from him confirming this, he has now changed all his telephone numbers we get no responses from him. I only have his bank account details to which I made the payments. I do not have his address. I have his employers name and address, can I serve papers to his employer for him?
Customer: replied 7 days ago.
It was a private job from him not via his employers
Customer: replied 7 days ago.
I have his 2 original mobile phone numbers, one which goes direct to voice mail and the other is no longer valid. I spoke to his employer yesterday to ask him for a forwarding telephone number, he said he wasnt interested in helping me locate the man as it was a private job and not through is company
Customer: replied 7 days ago.
I would like to know can I issue a county court judgement to his employers address as I dont have an address for the offender

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)

- Finished within a reasonable time (unless a specific time frame 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.

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

Finally, you cannot issue a claim to his employers if you did not actually contract with them over this job. If this was a private job that he did himself, not through his employer. Then your contractual rights are against him only.

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.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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