There has been a lot of
publicity in respect of this subject. There are a number of key areas:
The above list is not exhaustive but
focuses on the main problem areas.
Builders and plumbers
Most of this type of work
is commenced on the basis of a telephone call and verbal instructions. However,
acceptable standards should be adhered to and the contractor is obliged to
carry out the work in a "workmanlike" manner.
The term "workmanlike"
can be interpreted in a variety of ways and it is necessary to demonstrate to
the court that such work is of poor standard. A surveyor's report is a very
useful way to demonstrate this and the cost of such a report can be added to
your claim. Alternatively, photographs and cost estimates for remedial work are
acceptable but not as potent as a report from a professional.
Motor vehicle repairs
Most responsible car repairers carry out good work but occasionally problems
can be experienced. When issuing proceedings for the cost of remedial work
three cost estimates are essential and if possible an automotive engineer's
report.
The offending repairer should have been notified of the
customer's dissatisfaction and given the chance to effect remedy. If this fails
then proceedings can be commenced. The cost of the automotive engineers report
can be added to the claim and details of an engineer local to yourselves can be
obtained by emailing us.
Electrical goods
Computers, televisions,
washing machines and vacuum cleaners sometimes require repairs. If the repairs
fail to remedy the problem then a refund is appropriate. A couple of estimates
for remedial work is usually enough to demonstrate that the original repair was
not successful and a refund should apply. The original contractor should be
given the opportunity to effect remedy and if this fails or is declined
proceedings for a refund can be commenced.
Property letting agents
Property landlords can
entrust the management of their rented property to letting agents - for a fee
of course. Problems arise when the agent fails to produce the correct
paperwork, compile an accurate inventory/condition check - for both
commencement and vacation - and fails inspect the property on a regular
basis.
Problems can also be experienced if action is not taken in
respect of rent arrears or Notice to Quit is not served correctly.
If
the letting agent is in breach of their own contract or fails in their duty of
care recourse can be taken via the Small Claims Court.
Web designers
Web designers
will often request a payment in advance or stage payments. Problems occur when
the web site is not completed within the agreed time scale or fails to comply
with the agreed specification.
Often, communications break down or the
web designer runs short of money and undertakes more work than they can cope
with (and more payments in advance) and existing work is allowed to
lapse.
If the web designer appears to be short of money it is best to be
"first in the Queue" otherwise they could go out of business before recovery
can be commenced.
Clothing
retailers
Defective clothing is the responsibility of the
retailer and although the manufacturer has a responsibility the retailer must
effect remedy.
The retailer should be approached for refund or
replacement prior to proceedings (although a replacement may be as bad as the
original and if so can be declined). If the retailer agrees to a refund the
clothing can be returned but if the refund is refused the clothing should be
retained for further investigation - the retailer's trade body will advise on
this.
Removals and
storage
Removal firms normally have comprehensive insurance
policies in place and insurance costs are also usually incorporated into
storage charges - although this can be an extra which should be instructed by
the client.
The majority of claims are for damage, breakage and loss
and occasionally the removal firm may deny liability. The motive may be to
avoid their insurance premiums being "loaded" or naivety on the part of
employees. Disputes often ensue over valuations and estimates, quotes etc
should be obtained prior to commencing a claim.
If you are now ready to
commence proceedings please go to our Submit
Form and complete the required details. |
 |
| |
|
|
|
|
