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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16648
Experience:  Senior Associate Solicitor
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We have had a bathroom done but had many problems which as

Customer Question

Hi Jim we have had a bathroom done but had many problems which as delayed our builder. We have asked the company who supplied the bathroom items for them to pay our builder for the extra days because it was their fault for the delay. Many of the items we bought where not what we ordered they have taken the stuff back and replaced it eventually. The wall covering as been fitted but was not what I ordered. I am not happy with the wall covering but the suppliers want compensate me for the extra time we need to pay the builder due to their mistakes also they will not compensate for the wall coverings. To being with when they delivered the stuff their van hit our house. Speaking to one of the managers they say they do not give compensation. It's not in any written agreements that I now plus they only told us this today when we complained again. What do I need to do please.
JA: Where are you? It matters because laws vary by location.
Customer: Wales
JA: What steps have you taken so far?
Customer: Just spoke to company.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 8 days ago.
Category: Law
Expert:  JimLawyer replied 8 days ago.

Hello, this is Jim and welcome back to JustAnswer.

I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 8 days ago.

It wouldn't matter that if there is nothing in writing for compensation - as common law negligence would apply. Meaning you can purse them for compensation if they are negligent, or if they have breached your consumer rights. Which they have in both cases.

Expert:  JimLawyer replied 8 days ago.

You would need to send a letter before action to them to demand payment to cover those losses.

Expert:  JimLawyer replied 8 days ago.

(insert their name and address) (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute). I hold you liable for both breach of my consumer rights (under the Consumer Rights Act 2015) and under common law negligence. I now ask for payment to cover my losses in the sum of £...........which is calculated as (insert details).

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)


Expert:  JimLawyer replied 8 days ago.

You could also report them to Trading Standards too - Click Here

Expert:  JimLawyer replied 8 days ago.

If you do have to issue a claim (assuming your letter is ignored) then you can do it online via this site : Click Here

Expert:  JimLawyer replied 8 days ago.

I hope this helps

Expert:  JimLawyer replied 8 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim



Expert:  JimLawyer replied 8 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim