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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77828
Experience:  Qualified Solicitor
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I have received damage to my house by a worker we were

Customer Question

Hi I have received damage to my house by a worker we were paying to landscape
JA: Where are you? It matters because laws vary by location.
Customer: Northern Ireland
JA: What steps have you taken so far?
Customer: none because I can’t get in touch is a local solicitor because they Havnt got back to me we want him to fix the damages! But the way he wanted to fix them we went happy with. He has intimidated us and now the area of tar needed repaired has go worse from the warm weather on Sunday
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just we want a professional to fix the work and for him to pay the damages and he came to our house twice without our permission
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 13 days ago.
Hi is it possible to do a phone call
Expert:  Ben Jones replied 13 days ago.

I understand a landscaper  has caused damaged to your property. Please provide some more details of what exactly has happened on this chat

Expert:  Ben Jones replied 13 days ago.

Unfortunately I am not available for a phone call at present but please do not worry as if you request one, it will remain open to all experts and if someone else is free they will call you. In the meantime, I am still here to deal with your original query in writing over this chat.

Customer: replied 13 days ago.
This is based on a
Terrible experience we have hadLast week after being a previous customer we had asked this local landscaper contracting company to come and do a big job on our front garden! We had asked him to take on the whole job, draining the garden, add 4 large flower beds, a patio and dry stream.To end up with damaged tar a burst water pipe and a broken kerb and our garden left in such a state was just horrendous! After “his 20 years of experience” to drive a digger up on top of a kerb and turn at the same time, whenever the contractor was told about an entrance into a field which would give him access to our garden, we didn’t see the damage until about an hour later when the owner of the company had left and another worker started to dig. When I phoned him and told him about the damage, he asked me to send photos, which I did. Once I sent the photos I got no reply, I then sent him another message asking did he see the photos, and he said “Yes I did. Tell Sean to tell the men to avoid the driveway with digger and dumper “The worker who was doing the digging was instructed what to do. When he started digging, we felt the digging wasn’t being done correctly, so we rang the owner and expressed this, to be told “go you Sean and tell him what to do”. Shortly after this at the top of our garden where we felt a digger didn’t need to be anywhere near because it was dry, and we didn’t feel the need to say the day before when contractor was there setting up, asking about underground cables and pipes, a water pipe was hit with the digger and burst . I phoned the Owner telling him
What happened, along with how we were told by the digger driver wo he wasn’t 100% sure what he was doing along with not being a qualified digger driver, this was no fault of his as he was there for a days pay which we appreciate. But I went with this company because of previous work he had done and I was happy with and also the fact they were a reputable company…
His response was not of someone who cared about his customers. I had to ask for the work to be stopped because water was running from out front garden down towards our front door, the men left and this was the way our garden was left… apart from the fact how dangerous is was with 2 young children. He didn’t even come to see what had happened, we were told he was to busy moving top soil. After my phone call at 11:30 that Thursday, we heard absolutely nothing from him that day, and we had to phone him the next day. His response was how did he expect me to get the digger up onto the garden, he didn’t have a helicopter, and he told the digger driver to dig down 2 foot how can he be left responsible for him not doing it right.
He still had his dumper and tools left at our house! So we knew he would be back and it left us feeling so on edge because we didn’t want him arriving and us not here. To which he did, on the Saturday he landed and removed the kerb! We had to get someone else to ask him to leave the house when we wernt there. We tried to phone him and ask him to leave but he didn’t answer.
On the bank holiday Monday he arrived to the house and sean was here on his own with our 2 children, Asking him what we was going to do to repair our tar, and we wernt happy with how he was going to fix it and asked him to leave. When he asked him to leave, he took out his mobile phone and started accusing sean of threatening him and he said no I’m asking you to please leave our street. All we have on CCTV apart from naturally raising his voice which is to be understandable, no threats were made!This is how our garden has been left along with now having to get someone else to fix the work. If he had of even apologised for the damages and said we will sort this, no issues would of been made of this as I said to him
I know he didn’t mean to do it. We felt as a “young couple” which he has called us again on a previous post of the work he done before, which felt more off a ageist remark now as when he said he has been dealing with solicitor for years, all they do it take your money and doesn’t solve anything. and he was 54 years of age, we wernt going to tell him how we thought the tar should be fixed, which we felt should be done by a tar contractor.to text Sean saying he is devastated as ore my staff will need professional counselling after this ordeal, saying they received awful abuse was just horrendous to say. We have everything on cctv including him
Smiling and winking at sean as he left out street on his dumper!Our front garden is a mess and we are just devastated by what has happened along with how we have been treatedI’m sorry for the long winded post but we have felt the need to share our experience
Expert:  Ben Jones replied 13 days ago.

OK thank you, ***** ***** am sorry to learn of what you have had to go through. The situation certainly is not ideal. When exactly did this happen please?

Customer: replied 13 days ago.
It was the 27th of April the came back then to the house when we wernt there on the 30th and was asked to leave by my father in law. Arrived back again when my husband was there on the 2nd of may
Expert:  Ben Jones replied 13 days ago.
OK I understand. So what specifically would you like to ask about this please, so that I can best advise?
Customer: replied 13 days ago.
He wanted to replace the kerb which was fine, but wanted to wackerplaye the tar back in and we said we were not happy with that. As he isn’t a tar professional, he hasn’t returned since, and we had been waiting to speak to a local solicitor with no response from them. But on Sunday on the hot day, the damaged tar has started to come away. See photo above which we expect him to repair. We have cctv in our house and have all the evidence including him admiring to it. But we need our tar repaired now. But you can just patch tar, we wanted it fixed as he found it
Customer: replied 13 days ago.
This was him returning in the Monday
Customer: replied 13 days ago.
After the burst pipe
Customer: replied 13 days ago.
The damage that he caused he also said he didn’t turn the digger but it was clear to be seen in the grass the way it’s been torn up
Expert:  Ben Jones replied 13 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 13 days ago.
Ok thank you
Expert:  Ben Jones replied 13 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 13 days ago.
File attached (5ZTMQ13)
Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

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)

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.

Expert:  Ben Jones replied 13 days ago.

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

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Expert:  Ben Jones replied 13 days ago.

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 13 days ago.
The problem is we have asked him to fix it and we went happy with how he wants to fix it. We no longer want him near the property as we felt intimidated and he left us with no trust in him we want it fixed by a professional but not by him as we feel the way he dealt with is was not of a qualified manner
Expert:  Ben Jones replied 13 days ago.

Any repairs must still be carried out to a satisfactory standard and if that is not possible then you can consider getting someone else to do this and hold the original builder liable for these costs

Customer: replied 13 days ago.
How do I proceed with this options as we arnt happy with how he was going to go ahead with the repairs but we want to get it repaired as soon as possible without being our cost
Expert:  Ben Jones replied 13 days ago.

You cannot force him to cover these costs in advance. You would most likely have to pay for them yourself and then pursue the original builder for them potentially through the courts (if he refuses to pay)

Customer: replied 13 days ago.
Are you able to send a letter to him
Customer: replied 13 days ago.
Like a solicitors letter
Expert:  Ben Jones replied 13 days ago.

Unfortunately, no as we are just an online chat service. You would need to independently instruct a lawyer to do that

Customer: replied 13 days ago.
Ok thank you for your help
Expert:  Ben Jones replied 13 days ago.

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.