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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I would like an advice on the situation that I'm in right

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Hi I would like an advice on the situation that I'm in right now . Is there anyone I could call to speak to ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have emails with an agreement between me and a company which I'm not happy with as after placing an order and paying deposit for a inclined platform lift for our house they are changing the agreement
JA: Where is the house located?
Customer: Melton Mowbray
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
Hi ,
I'm happy to wait .Thank you

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

When did you sign the contract and how? (online or face to face)

what is the issue you are not happy with please

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24624
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
Is there a chance I could ring you to explain everything ?

We can indeed.  There is an extra cost for a telephone call.  I have submitted premium services proposal for you.

Customer: replied 12 days ago.
Sorry I pressed yes by mistake it's it OK just to write it all down for you now
Customer: replied 12 days ago.
Can I please cancel the phone call service and write it all down here ? As I pressed yes to phone call by mistake

No problem, we can continue on here.

The situation is really simple.

If you purchase goods without visiting the dealer’s premises than under the Information Cancellation & Additional Charges Regulations you have 14 days to cancel, simply change your mind and to do so with impunity although if the goods have been delivered you have to pay the return carriage unless there is something wrong with them.

You can also cancel services which should be lauded provided the service has not been received.

The right to cancel does not apply to anything which is being specially made in production has been started although any company with any sense will ask people to waive the right to cancel before starting manufacturing anything.

Changing the agreement/specification on the other hand is completely different and if you can tell me what exactly it is that they are changing, I can advise you further.

It would also assist me to know whether this is a special bespoke items and when you ordered it.

The full background would be useful please.

Customer: replied 12 days ago.
Long story short I had an expert from Vivid Lifts company back in April in our house to check if we will be able to fit in the house a inclined platform lift for a wheelchair. They guy called Gary checked everything, take measurements and told me that little toilet that we have in front of the staircase will have to be taken off . Plus he said that he will go back to the office donthe drwlawings and let me know what exactly they could do .I got an email from Gary on the 14th of April to say that he has a good news that they will be able to fit the platform without the need of doing any changes/ adjustments to the staircase . I was happy and I told him that we will try to get the builders in and I will keep him up to date .We manage to get builders in who started all house adaptation on the 9th of August . I informed Gary from vivid lifts that little toilet is gone and if he wants to come Avanti do some checks I'm happy with it and we are ready to place an order.
I placed an order and payed the deposit . Unfortunately few days later I been told that there was a mistake done and now staircase will need to be widen .We are half way through the house renovations , we invested time and money and now he change his minds . Without this platform my mum can't move in with us and all our decisions about the house renovations was based on the fact that we can get the platform in . Gary from vivid lifts it's not taking it seriously. He doesn't want to take a full responsibility of his mistake and right now his solution is to give us money back for deposit or he said that he will cover the costs of new staircase but not the installation. My question is how can I make him pay for installation too and take full responsibility for him mistake ? And if I agree now for for him to pay only for the staircase and try to move on with it would I be able to complain and Clame my money back / compensation later ? Because of his mistake we have stopped spend more money now on something that we weren't aware before I placed am order. We have an delay in the process and of course all the stress I have for the last two weeks .Please may I have an advice on what's the best way to go about it ?
Thank you

You have a claim against the Seller in negligence.

It will help if I explain how claims in negligence arise.

There needs to be

1.    a duty of care

2.    the duty of care needs to be breached

3.    as a result of the breach there needs to be loss or injury

4.    the loss or injury resulting from the breach must be reasonably foreseeable.

In order for there to be a claim in negligence, all 4  heads have to be satisfied.

Although a party may be able to opt out of negligence claims in respect of damage to property by having a contract or disclaimer, it is not possible to opt out of personal injury or death as a result of negligence.

The relevant statute is the Unfair Contract Terms Act 1977 (UCTA).

However even a disclaimer in respect of negligence claims with regard to damage to property will only be applicable if it passes the UCTA test of “reasonableness”.  You would need to Google the Act to get all the details of that but basically a person can’t exclude liability for claims in negligence in respect of damage to property to basically do what they like, and drive a coach and horses through all their obligations.

The value of your claim would be to put you back into the position that you would have been had the negligence not occurred.

The problem of course is that you cannot beat them with a blunt instrument until they pay up and if having put it in writing to them that you want this money you will take them to court.

They are actually in breach of contract and if you can get this elsewhere as a higher price you could potentially take them to court for the extra cost.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.