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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75915
Experience:  Qualified Solicitor
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I had engaged a landscape gardener who was due to start on

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I had engaged a landscape gardener who was due to start on September 13th, finally started on the 11th October, but has since then made minimal progress, despite me making regular payments to him. On Saturday I told him I know longer required his services. He has issued me with a bill for £2,209 when at most I owe him £325. what is my legal position if I don'y pay this? I have made a goodwill offer of £1000 which I have not had an answer on yet. My original offer of £750 was rejected
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Where are you? It matters because laws vary by location.
Customer: Camberley UK
JA: What steps have you taken so far?
Customer: Written communications detailing our position and a detailed breakdown of costs
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have engaged someone else to complete the outstanding work so mediation is not a possibility

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 5 days ago.
ok

Has he provided a breakdown of this charge?

Customer: replied 5 days ago.
it includes multiple items not yet purchased or completed

OK I understand and thank you for providing this information. Please leave it with me and 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.

Ben Jones and 3 other Law Specialists are ready to help you

Will call shortly

Customer: replied 5 days ago.
I think you may have replied to the wrong thread
Customer: replied 5 days ago.
My query is nothing to do with the passport office - it's to do with a landscape gardener conflict over final payment

Yes I edited the reply as soon as I realised, thank you

Hi there, as mentioned if this was to go further, a court would generally look at what contract and terms were in place and whether they were breached in any way, before deciding which party has liability in this case. The landscaper cannot realistically charge you for work which they have not yet completed (not in full anyway), and it would only generally allow them to pursue you for their loss of profit and only on the basis that you have acted in breach of contract first. Your argument here would be that it was them that had acted in breach of contract and also failed to adhere to the consumer obligations which they have under law.

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)

- Provided at a reasonable cost (unless a specific price 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.

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 5 days ago.
Thanks Ben, much appreciated

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

Customer: replied 4 days ago.
Can I engage you for a further conversation please?
Customer: replied 4 days ago.
Obviously chargeable at the rate accepted yesterday
Customer: replied 4 days ago.
Hi Ben any idea what time you will call? or do you need me to make some payment first?
Customer: replied 4 days ago.
The landscaper has revised his quote to £1770 and is refusing to accept my offer of £1000. I have countered with £1047 which is exactly half way between what I believe I owe and what he believes I owe him. He is now threatening to remove materials from site which have already been installed. I believe I have paid for everything but it would also be my view that:
1. He can't remove anything without a court order
2. any attempt to dismantle work paid for and completed would be considered criminal damage.
Is this correct? I would like to discuss please.
Thanks

Hi I will respond on the new thread you posted about this, thank you