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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47065
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Im am stained glass repairer. Recently a job i undertook had

Customer Question

Im am stained glass repairer. Recently a job i undertook had a previous historical repair which wpuld impact on the level of repair that could be achieved now. There is an issue of dofference of expectation of the final result and quite honestly im prepared to refund a percentage to reflect my own unhappines with the final result. He wants the full amount which i beloeve is unfair. I've beenpaid for 6 weeks and he is only now threatening me woth sma) claims.
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: One of the dpor panels was nearly falling out after my work they are now flat and stable but of course not perfect. Pig's ear frpm a silk purse expression cpmes to mind. I regret that i didnt state the level of expectation in the quote
JA: What action has been taken so far? What's your ideal outcome?
Customer: I ve replied to his points we disagree. He wants me to put it right but its beyond his expectation. As i say im willing to refund 50% rather than small claims court that he is threatening me with
JA: Anything else you want the lawyer to know before I connect you?
Customer: His actions have been odd. Paid me the outstanding balance of 60% on the day of fitting by cheque 2 days later told me cheque had been stopped.as he was unhappy with the work. Cheque cleared then i heard nothing for 6 weeks
Submitted: 7 months ago.
Category: UK Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

When exactly did you complete the job?

Customer: replied 7 months ago.
24th September 2016
Expert:  Ben Jones replied 7 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 7 months ago.

When someone has entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved.

So if you did not provide any information about the possible issues that may come up then you cannot use that as part of the contractual negotiations.

If there are problems with the standard of work, or any of the above, the consumer will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to them. This must be done within a reasonable time and without causing them significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, they can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work. This is the main issue here and it would depend on whether they have derived any benefit from your work or how much it would cost to put things right.

You may not be able to reach a compromise and they do have the right to go to court if needed. However, be advised that if this goes to the small claims court the risks are relatively low for you. Even if you were to lose you would not be responsible for their legal fees so at worst you would have to pay what they are claiming and the court costs of a few hundred at most. So you could take the risk if you are adamant that you are not fully refunding them now.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 7 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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