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Small claims path or trading standards

including wills and probate
elkay
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Small claims path or trading standards

#571541

Postby elkay » February 27th, 2023, 8:58 pm

Hi,

I'm looking for affirmation or advice as I prepare to go down the Small Claims route. There is a small caveat that this would be dealt with through the courts in Northern Ireland. However, the process is broadly similar, and it is general advice I am looking for, rather than the detail.

I have written a short background below, but for TLDR - the contracted work to refurbish a bathroom and do some work on a utility room was not completed, and what was done was substandard.
So I have asked him to refund some of the money paid to date (staged payments), so that I can get the issues put right, and engage someone else to complete the work. He hasn't responded, though at an earlier stage (unprompted) he offered £600. At that stage I turned it down due to the difficulty in getting a replacement contractor, and not fully appreciating the issues that need to be addressed. Currently I am planning to ask for £1500 through the Small Claims process, but would probably accept less to avoid the hassle.

In considering what my next steps are, I have a few grey questions:
    - I initially thought I would be following the Small Claims process. However, one possibility I have picked up is to write a letter of complaint initially, with a deadline for reply, follow it up with a second/final letter, and then contact Consumerline (I think effectively acting as the equivalent of Citizen Advice in E/S/W), who would then help with taking it to Trading Standards.
    Is this a reasonable step to take before progressing to Small Claims?
    (edited to add) Would this fall within Consumer Rights Act 2015? Just noticed this in a template letter.

    - I have a contractor who will complete the work for me, though at a higher cost than original contractor quoted. I am happy to pay extra to get the job done properly and in decent timeframe. Is it reasonable for me to go ahead with the second contractor without waiting for the case to be completed? I will ensure any rework is evidenced with before & after pictures, etc.

Any suggestions (or questions) welcomed.

TIA
elkay


Brief background
I engaged a contractor to complete a refurbishment of a bathroom, and to create a partitioned off toilet in our utility room. He undertook to move some jobs around so that he could start it mid September (2022). The work proceeded very slowly, with not much of his presence other than dropping off labourers to strip out then tile, and a little joinery and plumbing work. The bathroom was eventually completed to a state where we could move in to the property at the beginning of December, and some initial work had been done in the utility room (floor tiling and stud wall frame). At this stage we had paid about two thirds of the price, in staged payments. Unfortunately, we identified many flaws that demonstrated that the work completed to date was not to a professional standard.

At this point, the contractor became very difficult to contact, claiming first family issues, then personal health issues (hinting at stress as at least part of his own health issues). He promised to return in the new year, but this didn't happen, and he now says he will be with us some time in March. I am sceptical about when we will see him, and don't actually want him back due to the substandard work. He freely admitted during the work that he had difficulty getting skilled labourers, and undertook some tasks, and redos, himself - though I don't believe his skills were up to scratch either.

So I have asked him to refund some of the money paid to date, so that we can get the issues put right, and engage someone else to complete the utility room. He hasn't responded to my recent emails and voice messages.

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