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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 6001
Experience:  Director and Principal Solicitor. UK
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I have a dispute with a customer that I need advice with,

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Hi, I have a dispute with a customer that I need advice with
JA: Where are you? It matters because laws vary by location.
Customer: Cheltenham
JA: What steps have you taken so far?
Customer: So I have emailed them to say I think they will be better off getting someone else after going back multiple times and being told its not good enough for them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Hi, I am self employed plasterer and am having trouble with a customer wanting there
Well the story is, I plastered the hallway and 3 bedrooms. No issues with the bedrooms but the hallway ended up drying differently to the rooms and resulted in being crumbly in places due to must have been something different put on the walls in the past which reacted with new plaster. Now the customer has scraped off all the hallway plaster and saying I should do it again, now I've said no they want me to give them money back to pay for another plasterer

Hello welcome to Just Answer.

I am a solicitor and It is my pleasure to be assisting you today. I may ask for further information in order to determine a legal position.

1 min ago

Please note that I can guide you, justanswer does not provide legal representation and as such no legal lawyer/client relationship is formed.

Customer: replied 9 days ago.
Hello

I may not respond immediately as i will be concluding another case, please bear with me. I will respond once done rest assured today.

Customer: replied 9 days ago.
I have done some plastering for a customer, what I've done is 3 bedrooms and a hallway. The 3 bedrooms were done first and were fine no issues there, but the hallway being done the same way dried out differently. Ending with the customer calling me back to suggest what to do, I suggested maybe spraying the wall with paint instead of a roller pulling the plaster back off. Then get called back again to the plaster being scraped off and being told I should do it again. I then said OK I'll do it again as a show of good will, to then do 1 wall and be told that was rough. I then said I think we were better off with me not coming back and they should get someone else to do it. They then replied with they want the money back as I didn't prep the wall correctly when I prepared the wall exactly the same as 3 bedrooms and no issues

Thank you very much for your patience. I am very sorry to hear of your circumstances. However from your information you are not saying the plaster in the hallway has no issues. You do not know why there are issues but the finished product is not what you expected and has problems that need rectifying. Your customer will rely on section 49 of the consumer rights act 2015 to claim that the finished work is defective and you didn’t employ reasonable care and skill. The remedy they can seek is repeat performance and if you attend once and the issue is unresolved they can request a refund. From what you have said, if this is a fussy customer you will not please them, I would recommend that you calculate the proportionate price for the hallway and reimburse that sum only to the customer for them to take on somebody else to complete the work.

Any follow up please do not hesitate to send your message, I am glad to clarify anything. Thank you for contacting just answer. All the best.

Customer: replied 9 days ago.
Hi thanks for your response.
So they are saying its my fault they had to take the plaster off the wall because I didn't use a product called blue grit and only used pva. But I have completed 100s of jobs and never once used blue grit for any of them, always pva. I gave them my sprayer to use to spray paint the wall as they had told me using a roller pulled it off the wall slightly. They then proceeded to just scrap everything off without even trying what I suggested.
I just don't see how it could be my fault they did that when 1. I prepared the walls exactly the same as the bedrooms. 2. I gave them a possible solution and they ignored it and just scraped it off anyway without trying. 3. I didn't think they needed to scrap it off. And finally I just bit the bullet and said I would re do it with blue grit on the walls and after 1 walls they were still not happy.

If you do not believe any issues justified removing the plaster completely and that you should have been given the opportunity to assess it yourself and either rectified it or got an expert report on the issues then you can take a firm stance and refuse. If they take you to court without an expert report to comment on your workmanship they will not succeed. I doubt they would have done an expert report before taking it all off.

Customer: replied 9 days ago.
Thank you for that advice, so in response to there email asking for money back is there anything I need to say other than just no?

Hi you say what I have said above. No I can not give give you a refund because I exercised due care and skill and used the same procedure employed in the bedrooms. You decided to take all the plaster off without giving me the opportunity to assess my work and to establish if indeed there was anything wrong and if there was I would have taken the opportunity to rectify anything for you. I did the work as contracted and should you decide to claim in court I will defend myself vigorously.

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