Landscape gardener work is awful, where do I stand?
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I think you are saying there was no written contract? Was the contract formed at your house - ie did they come to quote and the work was agreed in your house?
Consumer Rights Act says trader needs to carry out the service using reasonable care and skill and within a reasonable timescale.
The onus is on you to prove that these implied terms have been breached. The other traders who have said its terrible may be enough for that - did they give you that in writing?
If you can do so, in the first instance the trader is entitled to an opportunity to put it right which should be also within a reasonable time and at no cost to you. You may be able to refuse to allow the opportunity for trader to put it right if this was to cause you a significant inconvenience.
The alternative remedy would be a price reduction which generally would reflect the cost to you to have someone else come and rectify the work - if you go down this route you may wish to get more than 1 quote to show your claim is reasonable.0 -
There was no written contract but he emailed a quote and through text the deposit, start date and length work would take were agreed and then he came to our house and took the deposit payment of half £2500. We later paid another £1500 to attempt to speed thigs up which failed, this leaves a grand to pay.
We have had two other landscapers round who both say the work is bad, one written quote received so far to rectify the work and finish is £6000
I really don't want to end up forking out £10k overall due to the first guy messing up!
If we do have a contract by means of him taking a payment from us and starting the work he quoted then I'm guessing I'm best of telling him we want the work rectified at his cost to a reasonable standard within say 14 days and if this ain't possible then we want our money back in full or partially?! I would rather he didn't do the work as he has messed us around and stressed us out so much so far by how u reliable his is and by doing the odd weekend day but not sure if I can deny him the chance to sort it? If we request money back to cover the cost to rectify it, it is more than the original work as I think he underquoted which is probably the main issue.
I will go to the credit card company under section 75 as well and try and go through them in case he refuses to give anything back.
His website claims his work is guaranteed for quality for 5 years and he strives to give 100% customer satisfaction !0 -
Out of interest, what did others quote for the same work?0
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Reading the post above yours, I'm guessing in the £6k region whereas the gardener in question quoted £5k.
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Yea that's right, £5k for the original work and to rectify it by another company is £6k and we haven't paid the original guy £1k so if we can claim anything back we'd be looking at £10k overall ;(0
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Typo I guess ... so if we can't claim anything back..0
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If wecouldnt get any money back it would be £10k but if we get the original £4K back for the awful job we'd still pay £6k which we'd be willing to pay but the original guy is unlikely to give us our money back I'm sure!0
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