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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78650
Experience:  Qualified Solicitor
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We recently had some work done on our home. We think that

Customer Question

We recently had some work done on our home. We think that the work is sub standard, and the contractor says he is taking us to court for non payment
JA: Where are you? It matters because laws vary by location.
Customer: Great Harwood, Lancashire
JA: What steps have you taken so far?
Customer: Pointing to front of house is coming out. It is 3 different colours, and they haven't gone deep enough when grinding out the old . Rendering to the back of the house is unfinished and has several defects
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We initially went through a firm called hyndburn Homewise who were told that we could not afford the work and needed funding. We found out there is no funding, we are liable for full costs. The building was assessed by Homewise technical officer, and he became very offensive and assaulted my husband. This incident has been reported th the police.
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 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.
Expert:  Ben Jones replied 14 days ago.

I understand a contractor is wanting to take you to court for non payment of works he completed. Did you ask him to return and remedy the work at all?

Customer: replied 14 days ago.
he has returned on several occasions, and he said the work is acceptable. He subcontracted the work to other builders.
Customer: replied 14 days ago.
I am partially deaf, and can't hear very well on the phone
Expert:  Ben Jones replied 14 days ago.

OK no problem and thank you for providing the information requested. Have you had the work examined by an independent professional at all?

Customer: replied 14 days ago.
No, but we would appreciate another opinion, but don't know how to go about this
Expert:  Ben Jones replied 14 days ago.

OK thanks and how much is the contractor wanting to pursue you for?

Customer: replied 14 days ago.
163;3,500.00
Expert:  Ben Jones replied 14 days ago.

OK thanks, ***** ***** that I can best advise, what specifically would you like to ask about this please?

Customer: replied 14 days ago.
We need advice on how to proceed
Expert:  Ben Jones replied 14 days ago.

OK I understand and thank you for providing the information requested. 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 and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 14 days ago.
Thanks
Expert:  Ben Jones replied 14 days ago.

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

Expert:  Ben Jones replied 14 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 addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

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.

So if you believe that the above applies and is relevant, you can use it as a counter-argument against the builder and remind them of their legal obligations. As you cannot stop a potential claim from them, if that does happen, you can either defend it or also make a counter-claim against them for your losses.

Expert:  Ben Jones replied 14 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.

Expert:  Ben Jones replied 13 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.