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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have paid a joiners furniture company to prepare a fitted

Customer Question

Hello. I have paid a joiners furniture company to prepare a fitted wardrobe a bed. A bedside table, and bookshelf unit. And 2 floating shelves After many delays they delivered this last Saturday
JA: Where are you? It matters because laws vary by location.
Customer: The delivery is incomplete
JA: What steps have you taken so far?
Customer: i am in London The delivery is incomplete with items missing completely
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the ones that have been delivered are defective in various ways
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

  1. I am sorry to read of the above. I confirm if you have paid the joiner his fee in full or if you have withheld and the element of it please?
  2. have you been able to quantify the cost of rectifying the issues you have identified to date?

Customer: replied 15 days ago.
they have received payment in full. They say they will complete delivery and installation and make do for defects by this coming Saturday but I can no longer trust them. They received full email of my dissatisfaction with images of the defects and markups on their designs which highlight that what they delivered is not corresponding to what I have paid for
Expert:  Joshua replied 15 days ago.

thank you. Have they promised to address the defects previously and let you down or is this the first time they have promised to attend to fix the issues?

Customer: replied 15 days ago.
First time. Saturday was installation and delivery and they promised we would talk about compensation and completing the work by next Saturday 25th of June
Expert:  Joshua replied 15 days ago.

Thank you. The starting point is that you have rights under the consumer rights act 2015 and the service the contractor should have carried out initially should have been provided with reasonable skill and care and the supplies they supplied should have been of satisfactory quality respectively. There is a likely breach of contract under the above terms implied into your agreement under the consumer rights act.

Accordingly, you can raise the above points with the contractor as you have already done and put it to them that they are in breach of contract under chapters 2 and 4 of the consumer rights act 2015. Under the above legislation they have one opportunity to attend to a repair, failing which you reserve your right to ask an independent contractor to carry out an repairs and remedial work as is necessary to bring the installation up to standard and subsequently look to the original installer for the costs of the same. If they fail to attend within a reasonable time or they decline to do so you can either instruct a replacement installer to carry out the work before pursuing a claim with the original contractor or you can proceed on the basis of the quotation received from an alternative contractor and bring a claim against the original contractor before you pay out any further funds as you prefer. however, you must allow the original contractor one opportunity to rectify before you can avail yourself of the above rights.

If a claim in the County Court becomes necessary, the simplest way to pursue a claim in this regard is by using the courts online issuing service:

https://www.gov.uk/make-court-claim-for-money

Customer: replied 15 days ago.
Them Having already shown lack of punctuality and unreliability along with the fact that they are not replying to my calls I cannot trust them.
Customer: replied 15 days ago.
I understand. I will have to wait until Saturday. Thank you for your advice.
Expert:  Joshua replied 15 days ago.

I appreciate what you say. All I can tell you is the above is what the legislation says you must do. If the Joiner can show that you did not give them a reasonable opportunity to attend to fix the repairs, then the consequence of this will be that any claim you subsequently make against them will be open to a defence on their part that had you allow them an opportunity to attend to repair themselves, you would not have incur costs with an alternative contractor and as such, your claim should be reduced commensurately. In other words, if you do not allow them one opportunity to repair and you need not allow the more than one opportunity, it may severely prejudice your ability to make a claim against them

Customer: replied 15 days ago.
I fully understand and I agree. I will wait till Saturday. And hopefully the work will be completed and will not have to go further under dispute. Thank you very much for your advice.
Expert:  Joshua replied 15 days ago.

I hope they do attend as they promise and affect repairs which satisfy you. If not, then as we discussed above, you can exercise the full range of your rights under the consumer rights act which are considerable and look to claim the costs of an alternative contractor to complete the work

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.