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JimLawyer
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Solicitor
Category:
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Experience:
Senior Associate Solicitor
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We have recently installed insulated panels to a
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We have recently installed insulated panels to a conservatory roof , the customer was unhappy with the finish and is refusing to pay the final balance also he has refused us the opportunity to return to site to rectify any defects. Where do we stand on this ?
JA: Where are you? It matters because laws vary by location.
Customer: The job was in pulborough , West Sussex . We are based in Hailsham
JA: What steps have you taken so far?
Customer: we have offered to return and rectify the defects , which he refused . We have offered to forgo the balance owed also we have offered free of charge a complete new roof we he also refused. He is now demanding his initial payment be returned
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that is the situation in a nutshell
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Expert:
JimLawyer
replied 13 days ago.
Hello, this is Jim and thanks for the question.
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Expert:
JimLawyer
replied 13 days ago.
If there are remedial works then the consumer law does give you as the trader the chance to return (once) for “repeat performance”. This is confirmed under the Consumer Rights Act 2015.
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Customer:
replied 13 days ago.
Hi Jim , I’m Ian what is your opinion regarding our problem
Expert:
JimLawyer
replied 13 days ago.
You also offered to return and even to install a new roof so in terms of conduct, you are fine. If this reached court. There are two sides to a contract and it seems the customer is being unreasonable. Though they could refuse your offer if by coming back would significantly inconvenience them or if it would take too long, or if they lost all faith / confidence, etc.
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Expert:
JimLawyer
replied 13 days ago.
I’m unavailable for a call at the moment however I can continue with online Q&A.
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Customer:
replied 13 days ago.
If that’s the case he could raise any objections or complaints to justify not allowing us the chance to rectify things .
Expert:
JimLawyer
replied 13 days ago.
For him to justify that the work would have to be very poor. He could ask for a partial refund or a full refund but it depends how bad the work was, whether there are defects, whether the materials are fit for purpose and so on.
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Expert:
JimLawyer
replied 13 days ago.
Is he a difficult customer or is there any truth with what he’s arguing about?. How much is owed to you?
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Expert:
JimLawyer
replied 13 days ago.
If he wants a refund then he needs to allow you back to remove the panels, etc. He can’t expect a refund and to keep the materials used foo.
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Expert:
JimLawyer
replied 13 days ago.
There is a contract in place so if he owes you money for the final balance then you could consider sending a letter before action to demand it within 14 days and if he doesn’t then you’d be free to pursue a claim. I have a template letter if you want to see a copy and I can outline how to pursue a claim if this is something you want to consider too.
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Expert:
JimLawyer
replied 13 days ago.
I hope this helps
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Expert:
JimLawyer
replied 13 days ago.
Feel free to ask me anything else about this - from what you say, your conduct looks to be reasonable as you’ve made offers to him to try and resolve the dispute
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