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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Had suite restored and was unhappy with results supplier had

Customer Question

had suite restored and was unhappy with results supplier had returned 3 times to rectify but there is one small fault still to rectify and he refuses to come back and has told me to buy a tin of brown shoe polish and put in on the affected area. what are my rights?
JA: Where are you? It matters because laws vary by location.
Customer: I: am in lossiemouth, scotland IV31 6TD
JA: What steps have you taken so far?
Customer: nothing i dont know what to do
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: this all started in april and is still ongoing i am an elderly lady and it is a terrible strain
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I confirm if the agreement with the restorer was included the requirement for him to fix that particular fault or blemish please?
  2. Is the fault repairable?
  3. Are you content to live with the fault subject to a discount or do you require that it is fixed?
Expert:  Joshua replied 12 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms on the basis that you instructed the service as a consumer as I assume will be the case, then you have rights under the consumer rights act to require that the contractor you employed carries out the service agreed with reasonable skill and care and does so within a reasonable period of time. I assume for the purpose of what follows that part of the instruction agreed with the contractor was to rectify the particular fault that remains outstanding. Obviously, if it was not part of the instruction, then the contractor would not be liable.

In the assumption that it was, then undder the consumer rights act, you are required to give the contractor one opportunity to repair which from what you say you have. If they declined to do so or do not do so within a reasonable period of time, they would be in breach of contract and as such, you would be entitled to advise them that you will therefore be instructing an alternative contractor to prepare the remaining flaw and will be either deducting the cost of the repair from the original contractors bill if you have not already paid it in full or if you have, will be claiming back a proportion of the costs to cover the new contractors costs by way of indemnity

Expert:  Joshua replied 11 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 9 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 8 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.