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Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3497
Experience:  LLB, LPC, DELF
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Alex, you helped me with an issue a couple of months ago and

Customer Question

Hi Alex, you helped me with an issue a couple of months ago and I'd like to continue on the same topic but the latest email I received has no reply box. Is it possible you could help me again? My account no. is 87231666 and the order ID no. is 15369666-53.
I wrote to my plumber using all of the points you suggested and he has responded denying that he was at fault in any way (despite agreeing at a three way meeting last year that it could not be proved either way - the manufacturer provided a free replacement
and has offered to pay half the costs to re-install which is their standard procedure in these instances). My plumber is now stating that because the manufacturer has done/offered this, they have admitted liability and he will not have anything else to do
with it. We could get a different plumber to do the work but my worry is that the cost will obviously be more expensive (my original plumber would have given a conservative estimate on which to base the 50% costs as only 200 pounds) and what if water damage
is found to add to the cost of repair? How and from who would we be able to get our money back from???? Please can you help.
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your email. Have you got the manufacturers details? I am online intermittently today so may not respond to you until tomorrow. Thank you Kind regards AJ

Customer: replied 1 year ago.
Hi Alex, the manufacturer of the shower tray is Just Trays Ltd. They have done all they can to help in the situation (good customer service) and have confirmed recently that they will still honor the agreement despite the time delay - they just need a copy of the plumber's invoice upon completion and they will pay the 200 pound contribution. My problem is covering our costs for the difference. What do you suggest we do next?
Expert:  Alex J. replied 1 year ago.

Hi. Thank you. The issue you have is that the plumber is denying responsibility on the basis that the shower was faulty - did the plumbers actions contribute to the fault in any way? Kind regards AJ

Customer: replied 1 year ago.
Hi Alex, the plumbers actions could have contributed but when both parties inspected the installed tray it could not be concluded either way hence the original agreement to cover costs 50/50.
I have copies of the Just Trays agreement stating what they were prepared to pay and all of the texts between myself and the plumber where he assured me he would sort it out (if that helps).
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Did the plumber say in any of texts that he would accept 50% of the liability. If so the only answer left really, is to say to the plumber is that he said you would sort it out with the manufacturer in doing so he agreed a deal to accept 50% of the responsibility. If he does cover the cost of the other half of the work you will either have to sue him in the small claims and/or complain to trading standards. Does the plumber expect to do the work?

Customer: replied 1 year ago.
Hi Alex, it does not state in any of the texts what was agreed unfortunately. Most of them are me chasing him to come round and meet the guy from Just Trays and then chasing for about a year for him to actually come round to fix it (with the odd response from him with an excuse).
After we sent him an ultimatum letter as you advised, he wrote back that it was not his liability and he would do no further work for us. This suits us fine as I would prefer someone else to do it now but he should honor his side of the costs.
What do you think?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If he wont co operate then I am afraid that leaves you with no choice but to pay another plumber to do the work and then sue him to recover his share. Ultimately he has said he wont work for you any more so there is no reason why you cannot go and ask another plumber to do the work. Kind regards AJ

Customer: replied 1 year ago.
Hi Alex, we will employ another plumber to sort it out but did not want to proceed just yet without getting advice.
Based on the information I have given you - do you think we would have a good case against him?
Should I respond back to my plumber's letter stating that he is not correct and re-iterating the original agreement?
Should I tell him we are going to proceed with a different plumber and will be expecting him to honor his side of the costs?
Or should there be no further direct contact if we will try to sue him at a later date????
His letter has made us very angry so I really want to write back to set the record straight (as I have put so much time and effort into pursuing this already) or do you think that would perhaps not help our case?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. The best way to determine whether you have a good case is to ask the next plumber you employ to unpick his work and determine whether he actually provided the service with reasonable care and skill. If he did then you will have a claim against, you will have to disclose to the court that you have mitigate the damage by contacting the manufacture who admitted 50% of the liability. Y

Expert:  Alex J. replied 1 year ago.

Before you sue you will need to give him what is known as a 7 day letter before action. Explain you have hired a different plumber and expect him to cover half the cost. If he does not then you can commence proceedings. If you do not want the hassle of going to court I would complain to trading standards.