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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?
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:
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
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
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