On man band business - where do i stand?
Discussion
So i had some facias, soffits, guttering etc replaced on my house over a year ago now. It has a so called 10 year guarantee, and since its been installed i have had the guy out to fix a number of issues.
Now, the last time he came it took me umpteeen calls and texts to get him out to fix a leaking gutter. He eventually text me after chasing him saying he had fixed it. Clearly with the rain today its pissing with water in the join of the guttering.
So, i think i will give up on wasting my time with the monkey (i wont name him yet) and would like to know how i get him to sort it out, or spread negative news locally on his work, or get someone else to fix the problem at cost to him etc...
Ideas?
Now, the last time he came it took me umpteeen calls and texts to get him out to fix a leaking gutter. He eventually text me after chasing him saying he had fixed it. Clearly with the rain today its pissing with water in the join of the guttering.
So, i think i will give up on wasting my time with the monkey (i wont name him yet) and would like to know how i get him to sort it out, or spread negative news locally on his work, or get someone else to fix the problem at cost to him etc...
Ideas?
Your only real option, in terms of forcing him to correct his work/get compensation to pay someone else to do it, is to take him to small claims court (www.moneyclaim.gov.uk).
You could talk to Trading Standards, but they have limited powers in terms of forcing people into doing work. It's often worth raising problems with them tho, because they're supposed to keep tabs on rogue traders and chase-down persistant offenders.
As far as getting your guttering fixed properly tho - you probably need to hope that the threat of legal action will spur them into coming and doing it properly (it may, of course, have the opposite effect!)
As far as an actual hearing is concerned, you'd have to show proof the word was unsatisfactory and that they'd either refused to correct it or failed to do so. DON'T just get someone else to fix it and expect to be paid for that (won't happen) - DO ask for estimates to put the problems right, get videos of leaking guttering and photos of loose facias etc. etc.
Small Claims requires you to convince the judge you have a valid case - each case it taken on it's own merits - but even if you win, you have to get the other party to pay-up which isn't always that easy (bailiffs cost money and can't always get you what you're owed).
You could talk to Trading Standards, but they have limited powers in terms of forcing people into doing work. It's often worth raising problems with them tho, because they're supposed to keep tabs on rogue traders and chase-down persistant offenders.
As far as getting your guttering fixed properly tho - you probably need to hope that the threat of legal action will spur them into coming and doing it properly (it may, of course, have the opposite effect!)
As far as an actual hearing is concerned, you'd have to show proof the word was unsatisfactory and that they'd either refused to correct it or failed to do so. DON'T just get someone else to fix it and expect to be paid for that (won't happen) - DO ask for estimates to put the problems right, get videos of leaking guttering and photos of loose facias etc. etc.
Small Claims requires you to convince the judge you have a valid case - each case it taken on it's own merits - but even if you win, you have to get the other party to pay-up which isn't always that easy (bailiffs cost money and can't always get you what you're owed).
Edited by 405dogvan on Saturday 7th July 12:53
gaz1234 said:
Just left a threatening message, see what that does!
Depending on what you've threatened him with - you could find yourself being visited by Plod!!Nothing beats the effect of the thick brown legal summons envelope which MCOL claims generate tho - there's something about being taken to court which spurs most people into action (although as I alluded in the other post, it's not always positive action).
Send him a recorded delivery letter politely outlining the issues and your expectations regarding him rectifying it, and the the timescale.
He'll ignore this.
Send him another one - a letter before action - outlining that if he doesn't rectify the situaiton within another set timescale, you'll take him to court.
Bingo - now when you do go to court you have written, signed for proof that he was completely aware of what was wrong and your expectations for rectification. If you dont do this you risk getting into a 'he said but she said but then he said' pissing contest.
He'll ignore this.
Send him another one - a letter before action - outlining that if he doesn't rectify the situaiton within another set timescale, you'll take him to court.
Bingo - now when you do go to court you have written, signed for proof that he was completely aware of what was wrong and your expectations for rectification. If you dont do this you risk getting into a 'he said but she said but then he said' pissing contest.
Fox- said:
If you dont do this you risk getting into a 'he said but she said but then he said' pissing contest.
In fairness, recorded delivery still doesn't avoid this as they can claim someone else received it/binned it/it went to the wrong address etc. etc.It IS worth putting your complaints into writing tho - copying the letter to your local Trading Standards is often wise too (calling them may result in further ideas and, indeed, if they guy is a regular they may take more direct action).
Pay someone else to do it straightaway , to stop any potenetial dampness issues later on.
Then claim that amount through the small claims courts .
You've given him enough time to sort it , he's clearly hoping you'll go away and forget about it.
No warning letters or any more phone calls , straight to court.
Then claim that amount through the small claims courts .
You've given him enough time to sort it , he's clearly hoping you'll go away and forget about it.
No warning letters or any more phone calls , straight to court.
Buster73 said:
Pay someone else to do it straightaway , to stop any potenetial dampness issues later on.
Then claim that amount through the small claims courts .
You've given him enough time to sort it , he's clearly hoping you'll go away and forget about it.
No warning letters or any more phone calls , straight to court.
Thats's a path to losing money - because there's no proof that repairs were requested/done/refused and no-way to justify having someone else's costs thrown at the original installer.Then claim that amount through the small claims courts .
You've given him enough time to sort it , he's clearly hoping you'll go away and forget about it.
No warning letters or any more phone calls , straight to court.
To use a PH-friendly analogy - imagine you had your ace mechanic mate overhaul your car and then took it to Kwikfit, who told you that you needed a new exhaust, shocks, brakes and tyres - and then went to your mate and demanded the money back
That's where you're suggesting he goes with this - you need
a - proof the word is shoddy
b - proof (call times and dates/letters etc.) you've asked them to fix it and they've either failed-to or simply ignored you
c - proof of the likely cost of someone else repairing it (to justify your claim)
Edited by 405dogvan on Saturday 7th July 13:08
You're lucky you have someone to chase, the previous owner of our house had a conservatory fitted by a local company. It had a ten year warranty so I went to what I thought was their office and asked them to call to fix the doors which rubbed on the frame and were difficult to close.
Turns out it's the same proprietor, same staff selling the same products but they've set up a new company. They still sent one of their fitters to have a look, he said the door from the house into the conservatory should have had three hinges not two and that it would cost me £800 to rectify.
b
ds!
Turns out it's the same proprietor, same staff selling the same products but they've set up a new company. They still sent one of their fitters to have a look, he said the door from the house into the conservatory should have had three hinges not two and that it would cost me £800 to rectify.
b
ds!405dogvan said:
Depending on what you've threatened him with - you could find yourself being visited by Plod!!
Nothing beats the effect of the thick brown legal summons envelope which MCOL claims generate tho - there's something about being taken to court which spurs most people into action (although as I alluded in the other post, it's not always positive action).
Something along the lines of; get your ass round here to sort this fNothing beats the effect of the thick brown legal summons envelope which MCOL claims generate tho - there's something about being taken to court which spurs most people into action (although as I alluded in the other post, it's not always positive action).
king guttering thats pissing water, before i escalate it, else i know where you live.I have threatened to escalate before and he did 'apparently' fix the leak. What a fat cock head.
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