Trading Standards vs. Solicitors letter?
Discussion
We (wife & I) engaged a planner last year to draw up some designs for an extension, and essentially all he has done is fob us off with excuses and not deliver anything.
I am now tired of listening to promises about things being ready next week and would like (a) return of some drawings and plans we provided as background and (b) return of some cash paid for submission (allegedly) of planning applications and structural calculations.
What's the best course of action - local trading standards, solicitors letter, something else?
We're only taking a few hundred quid, but principle still applies and we would like the documents back. There is no contract as such, but we do have a few emails, invoices, cheque stubs and notes of telephone calls.
Thanks in advance for advice.
AdrianR
I am now tired of listening to promises about things being ready next week and would like (a) return of some drawings and plans we provided as background and (b) return of some cash paid for submission (allegedly) of planning applications and structural calculations.
What's the best course of action - local trading standards, solicitors letter, something else?
We're only taking a few hundred quid, but principle still applies and we would like the documents back. There is no contract as such, but we do have a few emails, invoices, cheque stubs and notes of telephone calls.
Thanks in advance for advice.
AdrianR
A few things here:
Trading Standards do not 'chase up' individual cases, they just chase up companies where there is proof of wrongdoing if they see evidence. So although they may or may not visit, they wont help your case.
Although you mention that there is no 'contract' in place, although you have nothing written, I am sure you have discussed with him when service he is going to supply and what timescale along with what you will pay. That is a contract.
You have a right to get your service completed in a reasonable amount of time. Although you *could* get your solicitor to give them a warning letter, I feel that they would just be doing something you could do, and charge you £100 for it!
It sounds like a lot of the discussions so far have been verbal, and generally in business these are 'pushed' a lot more than written correspondance.
I think you will get what you want simply by putting your feelings in writing. I would outline what has so far been agreed, what you have been promised and let down and explain how you are being affected by the failure to complete. I would explain that if he cannot complete the work by X date or another mutually agreed date in writing then you will expect back all of the monies you have paid so far so you can use someone else.
Trading Standards do not 'chase up' individual cases, they just chase up companies where there is proof of wrongdoing if they see evidence. So although they may or may not visit, they wont help your case.
Although you mention that there is no 'contract' in place, although you have nothing written, I am sure you have discussed with him when service he is going to supply and what timescale along with what you will pay. That is a contract.
You have a right to get your service completed in a reasonable amount of time. Although you *could* get your solicitor to give them a warning letter, I feel that they would just be doing something you could do, and charge you £100 for it!
It sounds like a lot of the discussions so far have been verbal, and generally in business these are 'pushed' a lot more than written correspondance.
I think you will get what you want simply by putting your feelings in writing. I would outline what has so far been agreed, what you have been promised and let down and explain how you are being affected by the failure to complete. I would explain that if he cannot complete the work by X date or another mutually agreed date in writing then you will expect back all of the monies you have paid so far so you can use someone else.
I would also continue to deal with it yourself, in writing.
Unless you have an existing relationship with a solicitor, you're looking at the best part of £300 to get past anti money laundering file set up etc., before they even write to him.
Chances are he'll either dig his heels in at the first solicitors letter or ignore it so you'll need more letters and more costs.
Give him some written ultimatums, I assume he's "a bit crap" as opposed to "clearly ripping you off"?
Unless you have an existing relationship with a solicitor, you're looking at the best part of £300 to get past anti money laundering file set up etc., before they even write to him.
Chances are he'll either dig his heels in at the first solicitors letter or ignore it so you'll need more letters and more costs.
Give him some written ultimatums, I assume he's "a bit crap" as opposed to "clearly ripping you off"?
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