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Hi, My partner has received a complaint regarding fitting a…

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Hi, My partner has received...
Hi, My partner has received a complaint regarding fitting a door. He had to bury the hinges in the wall as a temporary measure and went back the next day to discuss various options, however he was "ambushed" by the ladies boyfriend and brother, and she demanded he paid for a new door (which she had ordered). He was threatened and gave the money he had charged for his ervices, and never got a chance to discuss various options. Now she is threateneing to sue under the supply of goods and services acted as amended 1982. What can we do? He was never given the option to fix what he had done?
Submitted: 8 years ago.Category: UK Law
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Answered in 3 minutes by:
6/10/2010
Solicitor: Alice H, Solicitor/Partner replied 8 years ago
Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2,850
Experience: Partner in national law firm
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If your partner has given a refund for his services what are they now asking for?

 

Have you got a copy of the letter your could scan and e-mail?

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Customer reply replied 8 years ago
The lady says that as he measured for the door that she ordered, he is responsible. He measure according to manufacturer instructions but the inside of the door was smaller that the outside so he had to cut into the wall to fit the door (this was temporary. She says he measured wrong therefore should give her the money for the door that she bought with his measurements
Solicitor: Alice H, Solicitor/Partner replied 8 years ago

OK, thanks for the additional information.

 

You are both right in that s.13 Supply of Goods and Services Act 1982 is the applicable law. What the law says is that if your partner was acting in the course of a business, there is an implied term that he "will carry out the service with reasonable care and skill"

 

If your partner is threatened with legal proceedings he should respond by making it clear that he followed the manufacturers instructions and carried out his service with reasonable care and skill. However, the cutting of the wall does seem a drastic measure and he will have to explain why he did that.

 

Your partner should stand his ground if he believes he is right. But ultimately the customer might sue and he will have to decide whether to fight the case with the risk of losing an incurring costs, or whether he should simply refund the money just to make the matter go away.

 

Ali

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